Bill Text: IL SB1754 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1754 Detail]

Download: Illinois-2021-SB1754-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1754

Introduced 2/26/2021, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.
LRB102 14289 RLC 19641 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1754LRB102 14289 RLC 19641 b
1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other
19 records prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

SB1754- 2 -LRB102 14289 RLC 19641 b
1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a
21 local emergency energy plan ordinance that is adopted
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by carriers
25 under the Emergency Telephone System Act.
26 (k) Law enforcement officer identification information

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1 or driver identification information compiled by a law
2 enforcement agency or the Department of Transportation
3 under Section 11-212 of the Illinois Vehicle Code.
4 (l) Records and information provided to a residential
5 health care facility resident sexual assault and death
6 review team or the Executive Council under the Abuse
7 Prevention Review Team Act.
8 (m) Information provided to the predatory lending
9 database created pursuant to Article 3 of the Residential
10 Real Property Disclosure Act, except to the extent
11 authorized under that Article.
12 (n) Defense budgets and petitions for certification of
13 compensation and expenses for court appointed trial
14 counsel as provided under Sections 10 and 15 of the
15 Capital Crimes Litigation Act. This subsection (n) shall
16 apply until the conclusion of the trial of the case, even
17 if the prosecution chooses not to pursue the death penalty
18 prior to trial or sentencing.
19 (o) Information that is prohibited from being
20 disclosed under Section 4 of the Illinois Health and
21 Hazardous Substances Registry Act.
22 (p) Security portions of system safety program plans,
23 investigation reports, surveys, schedules, lists, data, or
24 information compiled, collected, or prepared by or for the
25 Regional Transportation Authority under Section 2.11 of
26 the Regional Transportation Authority Act or the St. Clair

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1 County Transit District under the Bi-State Transit Safety
2 Act.
3 (q) Information prohibited from being disclosed by the
4 Personnel Record Review Act.
5 (r) Information prohibited from being disclosed by the
6 Illinois School Student Records Act.
7 (s) Information the disclosure of which is restricted
8 under Section 5-108 of the Public Utilities Act.
9 (t) All identified or deidentified health information
10 in the form of health data or medical records contained
11 in, stored in, submitted to, transferred by, or released
12 from the Illinois Health Information Exchange, and
13 identified or deidentified health information in the form
14 of health data and medical records of the Illinois Health
15 Information Exchange in the possession of the Illinois
16 Health Information Exchange Office due to its
17 administration of the Illinois Health Information
18 Exchange. The terms "identified" and "deidentified" shall
19 be given the same meaning as in the Health Insurance
20 Portability and Accountability Act of 1996, Public Law
21 104-191, or any subsequent amendments thereto, and any
22 regulations promulgated thereunder.
23 (u) Records and information provided to an independent
24 team of experts under the Developmental Disability and
25 Mental Health Safety Act (also known as Brian's Law).
26 (v) Names and information of people who have applied

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1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act before the
3 effective date of this amendatory Act of the 102nd General
4 Assembly or applied for or received a concealed carry
5 license under the Firearm Concealed Carry Act, unless
6 otherwise authorized by the Firearm Concealed Carry Act;
7 and databases under the Firearm Concealed Carry Act,
8 records of the Concealed Carry Licensing Review Board
9 under the Firearm Concealed Carry Act, and law enforcement
10 agency objections under the Firearm Concealed Carry Act.
11 (w) Personally identifiable information which is
12 exempted from disclosure under subsection (g) of Section
13 19.1 of the Toll Highway Act.
14 (x) Information which is exempted from disclosure
15 under Section 5-1014.3 of the Counties Code or Section
16 8-11-21 of the Illinois Municipal Code.
17 (y) Confidential information under the Adult
18 Protective Services Act and its predecessor enabling
19 statute, the Elder Abuse and Neglect Act, including
20 information about the identity and administrative finding
21 against any caregiver of a verified and substantiated
22 decision of abuse, neglect, or financial exploitation of
23 an eligible adult maintained in the Registry established
24 under Section 7.5 of the Adult Protective Services Act.
25 (z) Records and information provided to a fatality
26 review team or the Illinois Fatality Review Team Advisory

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1 Council under Section 15 of the Adult Protective Services
2 Act.
3 (aa) Information which is exempted from disclosure
4 under Section 2.37 of the Wildlife Code.
5 (bb) Information which is or was prohibited from
6 disclosure by the Juvenile Court Act of 1987.
7 (cc) Recordings made under the Law Enforcement
8 Officer-Worn Body Camera Act, except to the extent
9 authorized under that Act.
10 (dd) Information that is prohibited from being
11 disclosed under Section 45 of the Condominium and Common
12 Interest Community Ombudsperson Act.
13 (ee) Information that is exempted from disclosure
14 under Section 30.1 of the Pharmacy Practice Act.
15 (ff) Information that is exempted from disclosure
16 under the Revised Uniform Unclaimed Property Act.
17 (gg) Information that is prohibited from being
18 disclosed under Section 7-603.5 of the Illinois Vehicle
19 Code.
20 (hh) Records that are exempt from disclosure under
21 Section 1A-16.7 of the Election Code.
22 (ii) Information which is exempted from disclosure
23 under Section 2505-800 of the Department of Revenue Law of
24 the Civil Administrative Code of Illinois.
25 (jj) Information and reports that are required to be
26 submitted to the Department of Labor by registering day

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1 and temporary labor service agencies but are exempt from
2 disclosure under subsection (a-1) of Section 45 of the Day
3 and Temporary Labor Services Act.
4 (kk) Information prohibited from disclosure under the
5 Seizure and Forfeiture Reporting Act.
6 (ll) Information the disclosure of which is restricted
7 and exempted under Section 5-30.8 of the Illinois Public
8 Aid Code.
9 (mm) Records that are exempt from disclosure under
10 Section 4.2 of the Crime Victims Compensation Act.
11 (nn) Information that is exempt from disclosure under
12 Section 70 of the Higher Education Student Assistance Act.
13 (oo) Communications, notes, records, and reports
14 arising out of a peer support counseling session
15 prohibited from disclosure under the First Responders
16 Suicide Prevention Act.
17 (pp) Names and all identifying information relating to
18 an employee of an emergency services provider or law
19 enforcement agency under the First Responders Suicide
20 Prevention Act.
21 (qq) Information and records held by the Department of
22 Public Health and its authorized representatives collected
23 under the Reproductive Health Act.
24 (rr) Information that is exempt from disclosure under
25 the Cannabis Regulation and Tax Act.
26 (ss) Data reported by an employer to the Department of

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1 Human Rights pursuant to Section 2-108 of the Illinois
2 Human Rights Act.
3 (tt) Recordings made under the Children's Advocacy
4 Center Act, except to the extent authorized under that
5 Act.
6 (uu) Information that is exempt from disclosure under
7 Section 50 of the Sexual Assault Evidence Submission Act.
8 (vv) Information that is exempt from disclosure under
9 subsections (f) and (j) of Section 5-36 of the Illinois
10 Public Aid Code.
11 (ww) Information that is exempt from disclosure under
12 Section 16.8 of the State Treasurer Act.
13 (xx) Information that is exempt from disclosure or
14 information that shall not be made public under the
15 Illinois Insurance Code.
16 (yy) Information prohibited from being disclosed under
17 the Illinois Educational Labor Relations Act.
18 (zz) Information prohibited from being disclosed under
19 the Illinois Public Labor Relations Act.
20 (aaa) Information prohibited from being disclosed
21 under Section 1-167 of the Illinois Pension Code.
22(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
23100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
248-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
25eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
26100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

SB1754- 9 -LRB102 14289 RLC 19641 b
16-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
2eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
3101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
41-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
5eff. 7-7-20.)
6 Section 6. The Gun Trafficking Information Act is amended
7by changing Section 10-5 as follows:
8 (5 ILCS 830/10-5)
9 Sec. 10-5. Gun trafficking information.
10 (a) The Department of State Police shall use all
11reasonable efforts in making publicly available, on a regular
12and ongoing basis, key information related to firearms used in
13the commission of crimes in this State, including, but not
14limited to: reports on crimes committed with firearms,
15locations where the crimes occurred, the number of persons
16killed or injured in the commission of the crimes, the state
17where the firearms used originated, the Federal Firearms
18Licensee that sold the firearm, and the type of firearms used.
19The Department shall make the information available on its
20website, in addition to electronically filing a report with
21the Governor and the General Assembly. The report to the
22General Assembly shall be filed with the Clerk of the House of
23Representatives and the Secretary of the Senate in electronic
24form only, in the manner that the Clerk and the Secretary shall

SB1754- 10 -LRB102 14289 RLC 19641 b
1direct.
2 (b) The Department shall study, on a regular and ongoing
3basis, and compile reports on the number of NICS Firearm
4Owner's Identification Card checks to determine firearms
5trafficking or straw purchase patterns. The Department shall,
6to the extent not inconsistent with law, share such reports
7and underlying data with academic centers, foundations, and
8law enforcement agencies studying firearms trafficking,
9provided that personally identifying information is protected.
10For purposes of this subsection (b), a Firearm Owner's
11Identification Card number is not personally identifying
12information, provided that no other personal information of
13the card holder is attached to the record. The Department may
14create and attach an alternate unique identifying number to
15each Firearm Owner's Identification Card number, instead of
16releasing the Firearm Owner's Identification Card number
17itself.
18 (c) Each department, office, division, and agency of this
19State shall, to the extent not inconsistent with law,
20cooperate fully with the Department and furnish the Department
21with all relevant information and assistance on a timely basis
22as is necessary to accomplish the purpose of this Act. The
23Illinois Criminal Justice Information Authority shall submit
24the information required in subsection (a) of this Section to
25the Department of State Police, and any other information as
26the Department may request, to assist the Department in

SB1754- 11 -LRB102 14289 RLC 19641 b
1carrying out its duties under this Act.
2(Source: P.A. 100-1178, eff. 1-18-19.)
3 Section 7. The Department of Natural Resources
4(Conservation) Law of the Civil Administrative Code of
5Illinois is amended by changing Section 805-538 as follows:
6 (20 ILCS 805/805-538)
7 Sec. 805-538. Retiring officer; purchase of service
8firearm and police badge. The Director of Natural Resources
9shall establish a program to allow a Conservation Police
10Officer who is honorably retiring in good standing to purchase
11either one or both of the following: (1) any Department of
12Natural Resources police badge previously issued to that
13officer; or (2) if the officer has a currently valid Firearm
14Owner's Identification Card, the service firearm issued or
15previously issued to the officer by the Department of Natural
16Resources. The cost of the firearm shall be the replacement
17value of the firearm and not the firearm's fair market value.
18(Source: P.A. 100-931, eff. 8-17-18.)
19 Section 10. The Department of State Police Law of the
20Civil Administrative Code of Illinois is amended by changing
21Sections 2605-45, 2605-300, and 2605-595 as follows:
22 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

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1 Sec. 2605-45. Division of Justice Services. The Division
2of Justice Services shall exercise the following functions:
3 (1) (Blank).
4 (2) Pursue research and the publication of studies
5 pertaining to local law enforcement activities.
6 (3) (Blank).
7 (4) Operate an electronic data processing and computer
8 center for the storage and retrieval of data pertaining to
9 criminal activity.
10 (5) Exercise the rights, powers, and duties vested in
11 the former Division of State Troopers by Section 17 of the
12 State Police Act.
13 (6) (Blank).
14 (6.5) (Blank). Exercise the rights, powers, and duties
15 vested in the Department by the Firearm Owners
16 Identification Card Act.
17 (7) Exercise other duties that may be assigned by the
18 Director to fulfill the responsibilities and achieve the
19 purposes of the Department.
20 (8) Exercise the rights, powers, and duties vested by
21 law in the Department by the Criminal Identification Act.
22(Source: P.A. 101-378, eff. 1-1-20.)
23 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
24 Sec. 2605-300. Records; crime laboratories; personnel. To
25do the following:

SB1754- 13 -LRB102 14289 RLC 19641 b
1 (1) Be a central repository and custodian of criminal
2 statistics for the State.
3 (2) Be a central repository for criminal history
4 record information.
5 (3) Procure and file for record information that is
6 necessary and helpful to plan programs of crime
7 prevention, law enforcement, and criminal justice.
8 (4) Procure and file for record copies of fingerprints
9 that may be required by law.
10 (5) Establish general and field crime laboratories.
11 (6) Register and file for record information that may
12 be required by law for the issuance of firearm owner's
13 identification cards under the Firearm Owners
14 Identification Card Act and concealed carry licenses under
15 the Firearm Concealed Carry Act.
16 (7) Employ laboratory technicians and other specially
17 qualified persons to aid in the identification of criminal
18 activity, and may employ polygraph operators.
19 (8) Undertake other identification, information,
20 laboratory, statistical, or registration activities that
21 may be required by law.
22(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
23 (20 ILCS 2605/2605-595)
24 Sec. 2605-595. State Police Firearm Services Fund.
25 (a) There is created in the State treasury a special fund

SB1754- 14 -LRB102 14289 RLC 19641 b
1known as the State Police Firearm Services Fund. The Fund
2shall receive revenue under the Firearm Concealed Carry Act
3and Section 5 of the Firearm Owners Identification Card Act.
4The Fund may also receive revenue from grants, pass-through
5grants, donations, appropriations, and any other legal source.
6 (b) The Department of State Police may use moneys in the
7Fund to finance any of its lawful purposes, mandates,
8functions, and duties under the Firearm Owners Identification
9Card Act and the Firearm Concealed Carry Act, including the
10cost of sending notices of expiration of Firearm Owner's
11Identification Cards, concealed carry licenses, the prompt and
12efficient processing of applications under the Firearm Owners
13Identification Card Act and the Firearm Concealed Carry Act,
14the improved efficiency and reporting of the LEADS and federal
15NICS law enforcement data systems, and support for
16investigations required under that Act these Acts and law. Any
17surplus funds beyond what is needed to comply with the
18aforementioned purposes shall be used by the Department to
19improve the Law Enforcement Agencies Data System (LEADS) and
20criminal history background check system.
21 (c) Investment income that is attributable to the
22investment of moneys in the Fund shall be retained in the Fund
23for the uses specified in this Section.
24(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
25 (20 ILCS 2605/2605-120 rep.)

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1 (20 ILCS 2605/2605-610 rep.)
2 Section 15. The Department of State Police Law of the
3Civil Administrative Code of Illinois is amended by repealing
4Sections 2605-120 and 2605-610.
5 Section 16. The State Police Act is amended by changing
6Section 17b as follows:
7 (20 ILCS 2610/17b)
8 Sec. 17b. Retiring officer; purchase of service firearm
9and police badge. The Director of State Police shall establish
10a policy to allow a State Police officer who is honorably
11retiring or separating in good standing to purchase either one
12or both of the following: (i) any State Police badge
13previously issued to that officer; or (ii) if the officer has a
14currently valid Firearm Owner's Identification Card, the
15service firearm issued or previously issued to the officer by
16the Department of State Police. The cost of the firearm
17purchased shall be the replacement value of the firearm and
18not the firearm's fair market value.
19(Source: P.A. 100-931, eff. 8-17-18.)
20 Section 20. The Criminal Identification Act is amended by
21changing Section 2.2 as follows:
22 (20 ILCS 2630/2.2)

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1 Sec. 2.2. Notification to the Department. Upon judgment of
2conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
312-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
4Code of 2012 when the defendant has been determined, pursuant
5to Section 112A-11.1 of the Code of Criminal Procedure of
61963, to be subject to the prohibitions of 18 U.S.C.
7922(g)(9), the circuit court clerk shall include notification
8and a copy of the written determination in a report of the
9conviction to the Department of State Police Firearm Owner's
10Identification Card Office to enable the Illinois State Police
11office to perform its duties under the Firearm Concealed Carry
12Act and Sections 4 and 8 of the Firearm Owners Identification
13Card Act and to report that determination to the Federal
14Bureau of Investigation to assist the Federal Bureau of
15Investigation in identifying persons prohibited from
16purchasing and possessing a firearm pursuant to the provisions
17of 18 U.S.C. 922. The written determination described in this
18Section shall be included in the defendant's record of arrest
19and conviction in the manner and form prescribed by the
20Department of State Police.
21(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
22 Section 25. The State Finance Act is amended by changing
23Section 6z-99 as follows:
24 (30 ILCS 105/6z-99)

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1 Sec. 6z-99. The Mental Health Reporting Fund.
2 (a) There is created in the State treasury a special fund
3known as the Mental Health Reporting Fund. The Fund shall
4receive revenue under the Firearm Concealed Carry Act. The
5Fund may also receive revenue from grants, pass-through
6grants, donations, appropriations, and any other legal source.
7 (b) The Department of State Police and Department of Human
8Services shall coordinate to use moneys in the Fund to finance
9their respective duties of collecting and reporting data on
10mental health records and ensuring that mental health firearm
11possession prohibitors are enforced as set forth under the
12Firearm Concealed Carry Act and the Firearm Owners
13Identification Card Act. Any surplus in the Fund beyond what
14is necessary to ensure compliance with mental health reporting
15under that Act these Acts shall be used by the Department of
16Human Services for mental health treatment programs.
17 (c) Investment income that is attributable to the
18investment of moneys in the Fund shall be retained in the Fund
19for the uses specified in this Section.
20(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
21 Section 30. The Peace Officer Firearm Training Act is
22amended by changing Section 1 as follows:
23 (50 ILCS 710/1) (from Ch. 85, par. 515)
24 Sec. 1. Definitions. As used in this Act:

SB1754- 18 -LRB102 14289 RLC 19641 b
1 (a) "Peace officer" means (i) any person who by virtue of
2his office or public employment is vested by law with a primary
3duty to maintain public order or to make arrests for offenses,
4whether that duty extends to all offenses or is limited to
5specific offenses, and who is employed in such capacity by any
6county or municipality or (ii) any retired law enforcement
7officers qualified under federal law to carry a concealed
8weapon.
9 (a-5) "Probation officer" means a county probation officer
10authorized by the Chief Judge of the Circuit Court to carry a
11firearm as part of his or her duties under Section 12 of the
12Probation and Probation Officers Act and Section 24-2 of the
13Criminal Code of 2012.
14 (b) "Firearms" means any weapon or device defined as a
15firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
16"An Act relating to the acquisition, possession and transfer
17of firearms and firearm ammunition, to provide a penalty for
18the violation thereof and to make an appropriation in
19connection therewith", approved August 3, 1967, as amended.
20(Source: P.A. 98-725, eff. 1-1-15.)
21 (50 ILCS 725/7.2 rep.)
22 Section 31. The Uniform Peace Officers' Disciplinary Act
23is amended by repealing Section 7.2.
24 Section 35. The School Code is amended by changing

SB1754- 19 -LRB102 14289 RLC 19641 b
1Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
2 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
3 Sec. 10-22.6. Suspension or expulsion of pupils; school
4searches.
5 (a) To expel pupils guilty of gross disobedience or
6misconduct, including gross disobedience or misconduct
7perpetuated by electronic means, pursuant to subsection (b-20)
8of this Section, and no action shall lie against them for such
9expulsion. Expulsion shall take place only after the parents
10have been requested to appear at a meeting of the board, or
11with a hearing officer appointed by it, to discuss their
12child's behavior. Such request shall be made by registered or
13certified mail and shall state the time, place and purpose of
14the meeting. The board, or a hearing officer appointed by it,
15at such meeting shall state the reasons for dismissal and the
16date on which the expulsion is to become effective. If a
17hearing officer is appointed by the board, he shall report to
18the board a written summary of the evidence heard at the
19meeting and the board may take such action thereon as it finds
20appropriate. If the board acts to expel a pupil, the written
21expulsion decision shall detail the specific reasons why
22removing the pupil from the learning environment is in the
23best interest of the school. The expulsion decision shall also
24include a rationale as to the specific duration of the
25expulsion. An expelled pupil may be immediately transferred to

SB1754- 20 -LRB102 14289 RLC 19641 b
1an alternative program in the manner provided in Article 13A
2or 13B of this Code. A pupil must not be denied transfer
3because of the expulsion, except in cases in which such
4transfer is deemed to cause a threat to the safety of students
5or staff in the alternative program.
6 (b) To suspend or by policy to authorize the
7superintendent of the district or the principal, assistant
8principal, or dean of students of any school to suspend pupils
9guilty of gross disobedience or misconduct, or to suspend
10pupils guilty of gross disobedience or misconduct on the
11school bus from riding the school bus, pursuant to subsections
12(b-15) and (b-20) of this Section, and no action shall lie
13against them for such suspension. The board may by policy
14authorize the superintendent of the district or the principal,
15assistant principal, or dean of students of any school to
16suspend pupils guilty of such acts for a period not to exceed
1710 school days. If a pupil is suspended due to gross
18disobedience or misconduct on a school bus, the board may
19suspend the pupil in excess of 10 school days for safety
20reasons.
21 Any suspension shall be reported immediately to the
22parents or guardian of a pupil along with a full statement of
23the reasons for such suspension and a notice of their right to
24a review. The school board must be given a summary of the
25notice, including the reason for the suspension and the
26suspension length. Upon request of the parents or guardian,

SB1754- 21 -LRB102 14289 RLC 19641 b
1the school board or a hearing officer appointed by it shall
2review such action of the superintendent or principal,
3assistant principal, or dean of students. At such review, the
4parents or guardian of the pupil may appear and discuss the
5suspension with the board or its hearing officer. If a hearing
6officer is appointed by the board, he shall report to the board
7a written summary of the evidence heard at the meeting. After
8its hearing or upon receipt of the written report of its
9hearing officer, the board may take such action as it finds
10appropriate. If a student is suspended pursuant to this
11subsection (b), the board shall, in the written suspension
12decision, detail the specific act of gross disobedience or
13misconduct resulting in the decision to suspend. The
14suspension decision shall also include a rationale as to the
15specific duration of the suspension. A pupil who is suspended
16in excess of 20 school days may be immediately transferred to
17an alternative program in the manner provided in Article 13A
18or 13B of this Code. A pupil must not be denied transfer
19because of the suspension, except in cases in which such
20transfer is deemed to cause a threat to the safety of students
21or staff in the alternative program.
22 (b-5) Among the many possible disciplinary interventions
23and consequences available to school officials, school
24exclusions, such as out-of-school suspensions and expulsions,
25are the most serious. School officials shall limit the number
26and duration of expulsions and suspensions to the greatest

SB1754- 22 -LRB102 14289 RLC 19641 b
1extent practicable, and it is recommended that they use them
2only for legitimate educational purposes. To ensure that
3students are not excluded from school unnecessarily, it is
4recommended that school officials consider forms of
5non-exclusionary discipline prior to using out-of-school
6suspensions or expulsions.
7 (b-10) Unless otherwise required by federal law or this
8Code, school boards may not institute zero-tolerance policies
9by which school administrators are required to suspend or
10expel students for particular behaviors.
11 (b-15) Out-of-school suspensions of 3 days or less may be
12used only if the student's continuing presence in school would
13pose a threat to school safety or a disruption to other
14students' learning opportunities. For purposes of this
15subsection (b-15), "threat to school safety or a disruption to
16other students' learning opportunities" shall be determined on
17a case-by-case basis by the school board or its designee.
18School officials shall make all reasonable efforts to resolve
19such threats, address such disruptions, and minimize the
20length of suspensions to the greatest extent practicable.
21 (b-20) Unless otherwise required by this Code,
22out-of-school suspensions of longer than 3 days, expulsions,
23and disciplinary removals to alternative schools may be used
24only if other appropriate and available behavioral and
25disciplinary interventions have been exhausted and the
26student's continuing presence in school would either (i) pose

SB1754- 23 -LRB102 14289 RLC 19641 b
1a threat to the safety of other students, staff, or members of
2the school community or (ii) substantially disrupt, impede, or
3interfere with the operation of the school. For purposes of
4this subsection (b-20), "threat to the safety of other
5students, staff, or members of the school community" and
6"substantially disrupt, impede, or interfere with the
7operation of the school" shall be determined on a case-by-case
8basis by school officials. For purposes of this subsection
9(b-20), the determination of whether "appropriate and
10available behavioral and disciplinary interventions have been
11exhausted" shall be made by school officials. School officials
12shall make all reasonable efforts to resolve such threats,
13address such disruptions, and minimize the length of student
14exclusions to the greatest extent practicable. Within the
15suspension decision described in subsection (b) of this
16Section or the expulsion decision described in subsection (a)
17of this Section, it shall be documented whether other
18interventions were attempted or whether it was determined that
19there were no other appropriate and available interventions.
20 (b-25) Students who are suspended out-of-school for longer
21than 4 school days shall be provided appropriate and available
22support services during the period of their suspension. For
23purposes of this subsection (b-25), "appropriate and available
24support services" shall be determined by school authorities.
25Within the suspension decision described in subsection (b) of
26this Section, it shall be documented whether such services are

SB1754- 24 -LRB102 14289 RLC 19641 b
1to be provided or whether it was determined that there are no
2such appropriate and available services.
3 A school district may refer students who are expelled to
4appropriate and available support services.
5 A school district shall create a policy to facilitate the
6re-engagement of students who are suspended out-of-school,
7expelled, or returning from an alternative school setting.
8 (b-30) A school district shall create a policy by which
9suspended pupils, including those pupils suspended from the
10school bus who do not have alternate transportation to school,
11shall have the opportunity to make up work for equivalent
12academic credit. It shall be the responsibility of a pupil's
13parent or guardian to notify school officials that a pupil
14suspended from the school bus does not have alternate
15transportation to school.
16 (c) The Department of Human Services shall be invited to
17send a representative to consult with the board at such
18meeting whenever there is evidence that mental illness may be
19the cause for expulsion or suspension.
20 (c-5) School districts shall make reasonable efforts to
21provide ongoing professional development to teachers,
22administrators, school board members, school resource
23officers, and staff on the adverse consequences of school
24exclusion and justice-system involvement, effective classroom
25management strategies, culturally responsive discipline, the
26appropriate and available supportive services for the

SB1754- 25 -LRB102 14289 RLC 19641 b
1promotion of student attendance and engagement, and
2developmentally appropriate disciplinary methods that promote
3positive and healthy school climates.
4 (d) The board may expel a student for a definite period of
5time not to exceed 2 calendar years, as determined on a
6case-by-case basis. A student who is determined to have
7brought one of the following objects to school, any
8school-sponsored activity or event, or any activity or event
9that bears a reasonable relationship to school shall be
10expelled for a period of not less than one year:
11 (1) A firearm. For the purposes of this Section,
12 "firearm" means any gun, rifle, shotgun, weapon as defined
13 by Section 921 of Title 18 of the United States Code,
14 firearm as defined in Section 2-7.5 1.1 of the Firearm
15 Owners Identification Card Act, or firearm as defined in
16 Section 24-1 of the Criminal Code of 2012. The expulsion
17 period under this subdivision (1) may be modified by the
18 superintendent, and the superintendent's determination may
19 be modified by the board on a case-by-case basis.
20 (2) A knife, brass knuckles or other knuckle weapon
21 regardless of its composition, a billy club, or any other
22 object if used or attempted to be used to cause bodily
23 harm, including "look alikes" of any firearm as defined in
24 subdivision (1) of this subsection (d). The expulsion
25 requirement under this subdivision (2) may be modified by
26 the superintendent, and the superintendent's determination

SB1754- 26 -LRB102 14289 RLC 19641 b
1 may be modified by the board on a case-by-case basis.
2Expulsion or suspension shall be construed in a manner
3consistent with the federal Individuals with Disabilities
4Education Act. A student who is subject to suspension or
5expulsion as provided in this Section may be eligible for a
6transfer to an alternative school program in accordance with
7Article 13A of the School Code.
8 (d-5) The board may suspend or by regulation authorize the
9superintendent of the district or the principal, assistant
10principal, or dean of students of any school to suspend a
11student for a period not to exceed 10 school days or may expel
12a student for a definite period of time not to exceed 2
13calendar years, as determined on a case-by-case basis, if (i)
14that student has been determined to have made an explicit
15threat on an Internet website against a school employee, a
16student, or any school-related personnel, (ii) the Internet
17website through which the threat was made is a site that was
18accessible within the school at the time the threat was made or
19was available to third parties who worked or studied within
20the school grounds at the time the threat was made, and (iii)
21the threat could be reasonably interpreted as threatening to
22the safety and security of the threatened individual because
23of his or her duties or employment status or status as a
24student inside the school.
25 (e) To maintain order and security in the schools, school
26authorities may inspect and search places and areas such as

SB1754- 27 -LRB102 14289 RLC 19641 b
1lockers, desks, parking lots, and other school property and
2equipment owned or controlled by the school, as well as
3personal effects left in those places and areas by students,
4without notice to or the consent of the student, and without a
5search warrant. As a matter of public policy, the General
6Assembly finds that students have no reasonable expectation of
7privacy in these places and areas or in their personal effects
8left in these places and areas. School authorities may request
9the assistance of law enforcement officials for the purpose of
10conducting inspections and searches of lockers, desks, parking
11lots, and other school property and equipment owned or
12controlled by the school for illegal drugs, weapons, or other
13illegal or dangerous substances or materials, including
14searches conducted through the use of specially trained dogs.
15If a search conducted in accordance with this Section produces
16evidence that the student has violated or is violating either
17the law, local ordinance, or the school's policies or rules,
18such evidence may be seized by school authorities, and
19disciplinary action may be taken. School authorities may also
20turn over such evidence to law enforcement authorities.
21 (f) Suspension or expulsion may include suspension or
22expulsion from school and all school activities and a
23prohibition from being present on school grounds.
24 (g) A school district may adopt a policy providing that if
25a student is suspended or expelled for any reason from any
26public or private school in this or any other state, the

SB1754- 28 -LRB102 14289 RLC 19641 b
1student must complete the entire term of the suspension or
2expulsion in an alternative school program under Article 13A
3of this Code or an alternative learning opportunities program
4under Article 13B of this Code before being admitted into the
5school district if there is no threat to the safety of students
6or staff in the alternative program.
7 (h) School officials shall not advise or encourage
8students to drop out voluntarily due to behavioral or academic
9difficulties.
10 (i) A student may not be issued a monetary fine or fee as a
11disciplinary consequence, though this shall not preclude
12requiring a student to provide restitution for lost, stolen,
13or damaged property.
14 (j) Subsections (a) through (i) of this Section shall
15apply to elementary and secondary schools, charter schools,
16special charter districts, and school districts organized
17under Article 34 of this Code.
18 (k) The expulsion of children enrolled in programs funded
19under Section 1C-2 of this Code is subject to the requirements
20under paragraph (7) of subsection (a) of Section 2-3.71 of
21this Code.
22 (l) Beginning with the 2018-2019 school year, an in-school
23suspension program provided by a school district for any
24students in kindergarten through grade 12 may focus on
25promoting non-violent conflict resolution and positive
26interaction with other students and school personnel. A school

SB1754- 29 -LRB102 14289 RLC 19641 b
1district may employ a school social worker or a licensed
2mental health professional to oversee an in-school suspension
3program in kindergarten through grade 12.
4(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
5100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
67-12-19.)
7 (105 ILCS 5/10-27.1A)
8 Sec. 10-27.1A. Firearms in schools.
9 (a) All school officials, including teachers, guidance
10counselors, and support staff, shall immediately notify the
11office of the principal in the event that they observe any
12person in possession of a firearm on school grounds; provided
13that taking such immediate action to notify the office of the
14principal would not immediately endanger the health, safety,
15or welfare of students who are under the direct supervision of
16the school official or the school official. If the health,
17safety, or welfare of students under the direct supervision of
18the school official or of the school official is immediately
19endangered, the school official shall notify the office of the
20principal as soon as the students under his or her supervision
21and he or she are no longer under immediate danger. A report is
22not required by this Section when the school official knows
23that the person in possession of the firearm is a law
24enforcement official engaged in the conduct of his or her
25official duties. Any school official acting in good faith who

SB1754- 30 -LRB102 14289 RLC 19641 b
1makes such a report under this Section shall have immunity
2from any civil or criminal liability that might otherwise be
3incurred as a result of making the report. The identity of the
4school official making such report shall not be disclosed
5except as expressly and specifically authorized by law.
6Knowingly and willfully failing to comply with this Section is
7a petty offense. A second or subsequent offense is a Class C
8misdemeanor.
9 (b) Upon receiving a report from any school official
10pursuant to this Section, or from any other person, the
11principal or his or her designee shall immediately notify a
12local law enforcement agency. If the person found to be in
13possession of a firearm on school grounds is a student, the
14principal or his or her designee shall also immediately notify
15that student's parent or guardian. Any principal or his or her
16designee acting in good faith who makes such reports under
17this Section shall have immunity from any civil or criminal
18liability that might otherwise be incurred or imposed as a
19result of making the reports. Knowingly and willfully failing
20to comply with this Section is a petty offense. A second or
21subsequent offense is a Class C misdemeanor. If the person
22found to be in possession of the firearm on school grounds is a
23minor, the law enforcement agency shall detain that minor
24until such time as the agency makes a determination pursuant
25to clause (a) of subsection (1) of Section 5-401 of the
26Juvenile Court Act of 1987, as to whether the agency

SB1754- 31 -LRB102 14289 RLC 19641 b
1reasonably believes that the minor is delinquent. If the law
2enforcement agency determines that probable cause exists to
3believe that the minor committed a violation of item (4) of
4subsection (a) of Section 24-1 of the Criminal Code of 2012
5while on school grounds, the agency shall detain the minor for
6processing pursuant to Section 5-407 of the Juvenile Court Act
7of 1987.
8 (c) On or after January 1, 1997, upon receipt of any
9written, electronic, or verbal report from any school
10personnel regarding a verified incident involving a firearm in
11a school or on school owned or leased property, including any
12conveyance owned, leased, or used by the school for the
13transport of students or school personnel, the superintendent
14or his or her designee shall report all such firearm-related
15incidents occurring in a school or on school property to the
16local law enforcement authorities immediately and to the
17Department of State Police in a form, manner, and frequency as
18prescribed by the Department of State Police.
19 The State Board of Education shall receive an annual
20statistical compilation and related data associated with
21incidents involving firearms in schools from the Department of
22State Police. The State Board of Education shall compile this
23information by school district and make it available to the
24public.
25 (d) As used in this Section, the term "firearm" shall have
26the meaning ascribed to it in Section 2-7.5 of the Criminal

SB1754- 32 -LRB102 14289 RLC 19641 b
1Code of 2012 1.1 of the Firearm Owners Identification Card
2Act.
3 As used in this Section, the term "school" means any
4public or private elementary or secondary school.
5 As used in this Section, the term "school grounds"
6includes the real property comprising any school, any
7conveyance owned, leased, or contracted by a school to
8transport students to or from school or a school-related
9activity, or any public way within 1,000 feet of the real
10property comprising any school.
11(Source: P.A. 97-1150, eff. 1-25-13.)
12 (105 ILCS 5/34-8.05)
13 Sec. 34-8.05. Reporting firearms in schools. On or after
14January 1, 1997, upon receipt of any written, electronic, or
15verbal report from any school personnel regarding a verified
16incident involving a firearm in a school or on school owned or
17leased property, including any conveyance owned, leased, or
18used by the school for the transport of students or school
19personnel, the general superintendent or his or her designee
20shall report all such firearm-related incidents occurring in a
21school or on school property to the local law enforcement
22authorities no later than 24 hours after the occurrence of the
23incident and to the Department of State Police in a form,
24manner, and frequency as prescribed by the Department of State
25Police.

SB1754- 33 -LRB102 14289 RLC 19641 b
1 The State Board of Education shall receive an annual
2statistical compilation and related data associated with
3incidents involving firearms in schools from the Department of
4State Police. As used in this Section, the term "firearm"
5shall have the meaning ascribed to it in Section 2-7.5 of the
6Criminal Code of 2012 1.1 of the Firearm Owners Identification
7Card Act.
8(Source: P.A. 89-498, eff. 6-27-96.)
9 Section 40. The Illinois Explosives Act is amended by
10changing Section 2005 as follows:
11 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
12 Sec. 2005. Qualifications for licensure.
13 (a) No person shall qualify to hold a license who:
14 (1) is under 21 years of age;
15 (2) has been convicted in any court of a crime
16 punishable by imprisonment for a term exceeding one year;
17 (3) is under indictment for a crime punishable by
18 imprisonment for a term exceeding one year;
19 (4) is a fugitive from justice;
20 (5) is an unlawful user of or addicted to any
21 controlled substance as defined in Section 102 of the
22 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
23 seq.);
24 (6) has been adjudicated a person with a mental

SB1754- 34 -LRB102 14289 RLC 19641 b
1 disability as defined in Section 6-103.1 of the Mental
2 Health and Developmental Disabilities Code 1.1 of the
3 Firearm Owners Identification Card Act; or
4 (7) is not a legal citizen of the United States or
5 lawfully admitted for permanent residence.
6 (b) A person who has been granted a "relief from
7disabilities" regarding criminal convictions and indictments,
8pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
9845) may receive a license provided all other qualifications
10under this Act are met.
11(Source: P.A. 101-541, eff. 8-23-19.)
12 Section 45. The Private Detective, Private Alarm, Private
13Security, and Locksmith Act of 2004 is amended by changing
14Sections 35-30 and 35-35 as follows:
15 (225 ILCS 447/35-30)
16 (Section scheduled to be repealed on January 1, 2024)
17 Sec. 35-30. Employee requirements. All employees of a
18licensed agency, other than those exempted, shall apply for a
19permanent employee registration card. The holder of an agency
20license issued under this Act, known in this Section as
21"employer", may employ in the conduct of his or her business
22employees under the following provisions:
23 (a) No person shall be issued a permanent employee
24registration card who:

SB1754- 35 -LRB102 14289 RLC 19641 b
1 (1) Is younger than 18 years of age.
2 (2) Is younger than 21 years of age if the services
3 will include being armed.
4 (3) Has been determined by the Department to be unfit
5 by reason of conviction of an offense in this or another
6 state, including registration as a sex offender, but not
7 including a traffic offense. Persons convicted of felonies
8 involving bodily harm, weapons, violence, or theft within
9 the previous 10 years shall be presumed to be unfit for
10 registration. The Department shall adopt rules for making
11 those determinations that shall afford the applicant due
12 process of law.
13 (4) Has had a license or permanent employee
14 registration card denied, suspended, or revoked under this
15 Act (i) within one year before the date the person's
16 application for permanent employee registration card is
17 received by the Department; and (ii) that refusal, denial,
18 suspension, or revocation was based on any provision of
19 this Act other than Section 40-50, item (6) or (8) of
20 subsection (a) of Section 15-10, subsection (b) of Section
21 15-10, item (6) or (8) of subsection (a) of Section 20-10,
22 subsection (b) of Section 20-10, item (6) or (8) of
23 subsection (a) of Section 25-10, subsection (b) of Section
24 25-10, item (7) of subsection (a) of Section 30-10,
25 subsection (b) of Section 30-10, or Section 10-40.
26 (5) Has been declared incompetent by any court of

SB1754- 36 -LRB102 14289 RLC 19641 b
1 competent jurisdiction by reason of mental disease or
2 defect and has not been restored.
3 (6) Has been dishonorably discharged from the armed
4 services of the United States.
5 (b) No person may be employed by a private detective
6agency, private security contractor agency, private alarm
7contractor agency, fingerprint vendor agency, or locksmith
8agency under this Section until he or she has executed and
9furnished to the employer, on forms furnished by the
10Department, a verified statement to be known as "Employee's
11Statement" setting forth:
12 (1) The person's full name, age, and residence
13 address.
14 (2) The business or occupation engaged in for the 5
15 years immediately before the date of the execution of the
16 statement, the place where the business or occupation was
17 engaged in, and the names of employers, if any.
18 (3) That the person has not had a license or employee
19 registration denied, revoked, or suspended under this Act
20 (i) within one year before the date the person's
21 application for permanent employee registration card is
22 received by the Department; and (ii) that refusal, denial,
23 suspension, or revocation was based on any provision of
24 this Act other than Section 40-50, item (6) or (8) of
25 subsection (a) of Section 15-10, subsection (b) of Section
26 15-10, item (6) or (8) of subsection (a) of Section 20-10,

SB1754- 37 -LRB102 14289 RLC 19641 b
1 subsection (b) of Section 20-10, item (6) or (8) of
2 subsection (a) of Section 25-10, subsection (b) of Section
3 25-10, item (7) of subsection (a) of Section 30-10,
4 subsection (b) of Section 30-10, or Section 10-40.
5 (4) Any conviction of a felony or misdemeanor.
6 (5) Any declaration of incompetence by a court of
7 competent jurisdiction that has not been restored.
8 (6) Any dishonorable discharge from the armed services
9 of the United States.
10 (7) Any other information as may be required by any
11 rule of the Department to show the good character,
12 competency, and integrity of the person executing the
13 statement.
14 (c) Each applicant for a permanent employee registration
15card shall have his or her fingerprints submitted to the
16Department of State Police in an electronic format that
17complies with the form and manner for requesting and
18furnishing criminal history record information as prescribed
19by the Department of State Police. These fingerprints shall be
20checked against the Department of State Police and Federal
21Bureau of Investigation criminal history record databases now
22and hereafter filed. The Department of State Police shall
23charge applicants a fee for conducting the criminal history
24records check, which shall be deposited in the State Police
25Services Fund and shall not exceed the actual cost of the
26records check. The Department of State Police shall furnish,

SB1754- 38 -LRB102 14289 RLC 19641 b
1pursuant to positive identification, records of Illinois
2convictions to the Department. The Department may require
3applicants to pay a separate fingerprinting fee, either to the
4Department or directly to the vendor. The Department, in its
5discretion, may allow an applicant who does not have
6reasonable access to a designated vendor to provide his or her
7fingerprints in an alternative manner. The Department, in its
8discretion, may also use other procedures in performing or
9obtaining criminal background checks of applicants. Instead of
10submitting his or her fingerprints, an individual may submit
11proof that is satisfactory to the Department that an
12equivalent security clearance has been conducted. Also, an
13individual who has retired as a peace officer within 12 months
14of application may submit verification, on forms provided by
15the Department and signed by his or her employer, of his or her
16previous full-time employment as a peace officer.
17 (d) The Department shall issue a permanent employee
18registration card, in a form the Department prescribes, to all
19qualified applicants. The holder of a permanent employee
20registration card shall carry the card at all times while
21actually engaged in the performance of the duties of his or her
22employment. Expiration and requirements for renewal of
23permanent employee registration cards shall be established by
24rule of the Department. Possession of a permanent employee
25registration card does not in any way imply that the holder of
26the card is employed by an agency unless the permanent

SB1754- 39 -LRB102 14289 RLC 19641 b
1employee registration card is accompanied by the employee
2identification card required by subsection (f) of this
3Section.
4 (e) Each employer shall maintain a record of each employee
5that is accessible to the duly authorized representatives of
6the Department. The record shall contain the following
7information:
8 (1) A photograph taken within 10 days of the date that
9 the employee begins employment with the employer. The
10 photograph shall be replaced with a current photograph
11 every 3 calendar years.
12 (2) The Employee's Statement specified in subsection
13 (b) of this Section.
14 (3) All correspondence or documents relating to the
15 character and integrity of the employee received by the
16 employer from any official source or law enforcement
17 agency.
18 (4) In the case of former employees, the employee
19 identification card of that person issued under subsection
20 (f) of this Section. Each employee record shall duly note
21 if the employee is employed in an armed capacity. Armed
22 employee files shall contain a copy of an active firearm
23 owner's identification card and a copy of an active
24 firearm control card. Each employer shall maintain a
25 record for each armed employee of each instance in which
26 the employee's weapon was discharged during the course of

SB1754- 40 -LRB102 14289 RLC 19641 b
1 his or her professional duties or activities. The record
2 shall be maintained on forms provided by the Department, a
3 copy of which must be filed with the Department within 15
4 days of an instance. The record shall include the date and
5 time of the occurrence, the circumstances involved in the
6 occurrence, and any other information as the Department
7 may require. Failure to provide this information to the
8 Department or failure to maintain the record as a part of
9 each armed employee's permanent file is grounds for
10 disciplinary action. The Department, upon receipt of a
11 report, shall have the authority to make any investigation
12 it considers appropriate into any occurrence in which an
13 employee's weapon was discharged and to take disciplinary
14 action as may be appropriate.
15 (5) A copy of the employee's permanent employee
16 registration card or a copy of the Department's "License
17 Lookup" Webpage showing that the employee has been issued
18 a valid permanent employee registration card by the
19 Department.
20 The Department may, by rule, prescribe further record
21requirements.
22 (f) Every employer shall furnish an employee
23identification card to each of his or her employees. This
24employee identification card shall contain a recent photograph
25of the employee, the employee's name, the name and agency
26license number of the employer, the employee's personal

SB1754- 41 -LRB102 14289 RLC 19641 b
1description, the signature of the employer, the signature of
2that employee, the date of issuance, and an employee
3identification card number.
4 (g) No employer may issue an employee identification card
5to any person who is not employed by the employer in accordance
6with this Section or falsely state or represent that a person
7is or has been in his or her employ. It is unlawful for an
8applicant for registered employment to file with the
9Department the fingerprints of a person other than himself or
10herself.
11 (h) Every employer shall obtain the identification card of
12every employee who terminates employment with him or her.
13 (i) Every employer shall maintain a separate roster of the
14names of all employees currently working in an armed capacity
15and submit the roster to the Department on request.
16 (j) No agency may employ any person to perform a licensed
17activity under this Act unless the person possesses a valid
18permanent employee registration card or a valid license under
19this Act, or is exempt pursuant to subsection (n).
20 (k) Notwithstanding the provisions of subsection (j), an
21agency may employ a person in a temporary capacity if all of
22the following conditions are met:
23 (1) The agency completes in its entirety and submits
24 to the Department an application for a permanent employee
25 registration card, including the required fingerprint
26 receipt and fees.

SB1754- 42 -LRB102 14289 RLC 19641 b
1 (2) The agency has verification from the Department
2 that the applicant has no record of any criminal
3 conviction pursuant to the criminal history check
4 conducted by the Department of State Police. The agency
5 shall maintain the verification of the results of the
6 Department of State Police criminal history check as part
7 of the employee record as required under subsection (e) of
8 this Section.
9 (3) The agency exercises due diligence to ensure that
10 the person is qualified under the requirements of the Act
11 to be issued a permanent employee registration card.
12 (4) The agency maintains a separate roster of the
13 names of all employees whose applications are currently
14 pending with the Department and submits the roster to the
15 Department on a monthly basis. Rosters are to be
16 maintained by the agency for a period of at least 24
17 months.
18 An agency may employ only a permanent employee applicant
19for which it either submitted a permanent employee application
20and all required forms and fees or it confirms with the
21Department that a permanent employee application and all
22required forms and fees have been submitted by another agency,
23licensee or the permanent employee and all other requirements
24of this Section are met.
25 The Department shall have the authority to revoke, without
26a hearing, the temporary authority of an individual to work

SB1754- 43 -LRB102 14289 RLC 19641 b
1upon receipt of Federal Bureau of Investigation fingerprint
2data or a report of another official authority indicating a
3criminal conviction. If the Department has not received a
4temporary employee's Federal Bureau of Investigation
5fingerprint data within 120 days of the date the Department
6received the Department of State Police fingerprint data, the
7Department may, at its discretion, revoke the employee's
8temporary authority to work with 15 days written notice to the
9individual and the employing agency.
10 An agency may not employ a person in a temporary capacity
11if it knows or reasonably should have known that the person has
12been convicted of a crime under the laws of this State, has
13been convicted in another state of any crime that is a crime
14under the laws of this State, has been convicted of any crime
15in a federal court, or has been posted as an unapproved
16applicant by the Department. Notice by the Department to the
17agency, via certified mail, personal delivery, electronic
18mail, or posting on the Department's Internet site accessible
19to the agency that the person has been convicted of a crime
20shall be deemed constructive knowledge of the conviction on
21the part of the agency. The Department may adopt rules to
22implement this subsection (k).
23 (l) No person may be employed under this Section in any
24capacity if:
25 (1) the person, while so employed, is being paid by
26 the United States or any political subdivision for the

SB1754- 44 -LRB102 14289 RLC 19641 b
1 time so employed in addition to any payments he or she may
2 receive from the employer; or
3 (2) the person wears any portion of his or her
4 official uniform, emblem of authority, or equipment while
5 so employed.
6 (m) If information is discovered affecting the
7registration of a person whose fingerprints were submitted
8under this Section, the Department shall so notify the agency
9that submitted the fingerprints on behalf of that person.
10 (n) Peace officers shall be exempt from the requirements
11of this Section relating to permanent employee registration
12cards. The agency shall remain responsible for any peace
13officer employed under this exemption, regardless of whether
14the peace officer is compensated as an employee or as an
15independent contractor and as further defined by rule.
16 (o) Persons who have no access to confidential or security
17information, who do not go to a client's or prospective
18client's residence or place of business, and who otherwise do
19not provide traditional security services are exempt from
20employee registration. Examples of exempt employees include,
21but are not limited to, employees working in the capacity of
22ushers, directors, ticket takers, cashiers, drivers, and
23reception personnel. Confidential or security information is
24that which pertains to employee files, scheduling, client
25contracts, or technical security and alarm data.
26 (p) An applicant who is 21 years of age or older seeking a

SB1754- 45 -LRB102 14289 RLC 19641 b
1religious exemption to the photograph requirement of this
2Section shall furnish with the application an approved copy of
3United States Department of the Treasury Internal Revenue
4Service Form 4029. Regardless of age, an applicant seeking a
5religious exemption to this photograph requirement shall
6submit fingerprints in a form and manner prescribed by the
7Department with his or her application in lieu of a
8photograph.
9(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
10 (225 ILCS 447/35-35)
11 (Section scheduled to be repealed on January 1, 2024)
12 Sec. 35-35. Requirement of a firearm control card.
13 (a) No person shall perform duties that include the use,
14carrying, or possession of a firearm in the performance of
15those duties without complying with the provisions of this
16Section and having been issued a valid firearm control card by
17the Department.
18 (b) No employer shall employ any person to perform the
19duties for which licensure or employee registration is
20required and allow that person to carry a firearm unless that
21person has complied with all the firearm training requirements
22of this Section and has been issued a firearm control card.
23This Act permits only the following to carry firearms while
24actually engaged in the performance of their duties or while
25commuting directly to or from their places of employment:

SB1754- 46 -LRB102 14289 RLC 19641 b
1persons licensed as private detectives and their registered
2employees; persons licensed as private security contractors
3and their registered employees; persons licensed as private
4alarm contractors and their registered employees; and
5employees of a registered armed proprietary security force.
6 (c) Possession of a valid firearm control card allows a
7licensee or employee to carry a firearm not otherwise
8prohibited by law while the licensee or employee is engaged in
9the performance of his or her duties or while the licensee or
10employee is commuting directly to or from the licensee's or
11employee's place or places of employment.
12 (d) The Department shall issue a firearm control card to a
13person who has passed an approved firearm training course, who
14is currently licensed or employed by an agency licensed by
15this Act and has met all the requirements of this Act, and who
16is not prohibited under State or federal law from possessing a
17firearm possesses a valid firearm owner identification card.
18Application for the firearm control card shall be made by the
19employer to the Department on forms provided by the
20Department. The Department shall forward the card to the
21employer who shall be responsible for its issuance to the
22licensee or employee. The firearm control card shall be issued
23by the Department and shall identify the person holding it and
24the name of the course where the licensee or employee received
25firearm instruction and shall specify the type of weapon or
26weapons the person is authorized by the Department to carry

SB1754- 47 -LRB102 14289 RLC 19641 b
1and for which the person has been trained.
2 (e) Expiration and requirements for renewal of firearm
3control cards shall be determined by rule.
4 (f) The Department may, in addition to any other
5disciplinary action permitted by this Act, refuse to issue,
6suspend, or revoke a firearm control card if the applicant or
7holder has been convicted of any felony or crime involving the
8illegal use, carrying, or possession of a deadly weapon or for
9a violation of this Act or rules adopted promulgated under
10this Act. The Department shall refuse to issue or shall revoke
11a firearm control card if the applicant or holder is
12prohibited under State or federal law from possessing a
13firearm fails to possess a valid firearm owners identification
14card without hearing. The Secretary shall summarily suspend a
15firearm control card if the Secretary finds that its continued
16use would constitute an imminent danger to the public. A
17hearing shall be held before the Board within 30 days if the
18Secretary summarily suspends a firearm control card.
19 (g) Notwithstanding any other provision of this Act to the
20contrary, all requirements relating to firearms control cards
21do not apply to a peace officer. If an individual ceases to be
22employed as a peace officer and continues to perform services
23in an armed capacity under this Act that are licensed
24activities, then the individual is required to obtain a
25permanent employee registration card pursuant to Section 35-30
26of this Act and must possess a valid Firearm Owner's

SB1754- 48 -LRB102 14289 RLC 19641 b
1Identification Card, but is not required to obtain a firearm
2control card if the individual is otherwise in continuing
3compliance with the federal Law Enforcement Officers Safety
4Act of 2004. If an individual elects to carry a firearm
5pursuant to the federal Law Enforcement Officers Safety Act of
62004, then the agency employing the officer is required to
7submit a notice of that election to the Department along with a
8fee specified by rule.
9 (h) The Department may issue a temporary firearm control
10card pending issuance of a new firearm control card upon an
11agency's acquiring of an established armed account. An agency
12that has acquired armed employees as a result of acquiring an
13established armed account may, on forms supplied by the
14Department, request the issuance of a temporary firearm
15control card for each acquired employee who held a valid
16firearm control card under his or her employment with the
17newly acquired established armed account immediately preceding
18the acquiring of the account and who continues to meet all of
19the qualifications for issuance of a firearm control card set
20forth in this Act and any rules adopted under this Act. The
21Department shall, by rule, set the fee for issuance of a
22temporary firearm control card.
23 (i) The Department shall not issue a firearm control card
24to a licensed fingerprint vendor or a licensed locksmith or
25employees of a licensed fingerprint vendor agency or a
26licensed locksmith agency.

SB1754- 49 -LRB102 14289 RLC 19641 b
1(Source: P.A. 100-712, eff. 8-3-18.)
2 Section 50. The Mental Health and Developmental
3Disabilities Code is amended by changing Sections 6-103.1,
46-103.2, and 6-103.3 as follows:
5 (405 ILCS 5/6-103.1)
6 Sec. 6-103.1. Adjudication as a person with a mental
7disability. When a person has been adjudicated as a person
8with a mental disability as defined in Section 1.1 of the
9Firearm Owners Identification Card Act, including, but not
10limited to, an adjudication as a person with a disability as
11defined in Section 11a-2 of the Probate Act of 1975, the court
12shall direct the circuit court clerk to notify the Department
13of State Police, Firearm Owner's Identification (FOID) Office,
14in a form and manner prescribed by the Department of State
15Police, and shall forward a copy of the court order to the
16Department no later than 7 days after the entry of the order.
17Upon receipt of the order, the Department of State Police
18shall provide notification to the National Instant Criminal
19Background Check System. In this Section, "has been
20adjudicated as a mentally disabled person" means the person is
21the subject of a determination by a court, board, commission,
22or other lawful authority that the person, as a result of
23marked subnormal intelligence, or mental illness, mental
24impairment, incompetency, condition, or disease:

SB1754- 50 -LRB102 14289 RLC 19641 b
1 (1) presents a clear and present danger to himself,
2 herself, or to others;
3 (2) lacks the mental capacity to manage his or her own
4 affairs or is adjudicated a disabled person as defined in
5 Section 11a-2 of the Probate Act of 1975;
6 (3) is not guilty in a criminal case by reason of
7 insanity, mental disease or defect;
8 (3.5) is guilty but mentally ill, as provided in
9 Section 5-2-6 of the Unified Code of Corrections;
10 (4) is unfit to stand trial in a criminal case;
11 (5) is not guilty by reason of lack of mental
12 responsibility under Articles 50a and 72b of the Uniform
13 Code of Military Justice, 10 U.S.C. 850a, 876b;
14 (6) is a sexually violent person under subsection (f)
15 of Section 5 of the Sexually Violent Persons Commitment
16 Act;
17 (7) is a sexually dangerous person under the Sexually
18 Dangerous Persons Act;
19 (8) is unfit to stand trial under the Juvenile Court
20 Act of 1987;
21 (9) is not guilty by reason of insanity under the
22 Juvenile Court Act of 1987;
23 (10) is a person subject to involuntary admission on
24 an inpatient basis as defined in Section 1-119 of the
25 Mental Health and Developmental Disabilities Code;
26 (11) is a person subject to involuntary admission on

SB1754- 51 -LRB102 14289 RLC 19641 b
1 an outpatient basis as defined in Section 1-119.1 of the
2 Mental Health and Developmental Disabilities Code;
3 (12) is subject to judicial admission as set forth in
4 Section 4-500 of the Mental Health and Developmental
5 Disabilities Code; or
6 (13) is subject to the provisions of the Interstate
7 Agreements on Sexually Dangerous Persons Act.
8(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
9 (405 ILCS 5/6-103.2)
10 Sec. 6-103.2. Developmental disability; notice. If a
11person 14 years old or older is determined to be a person with
12a developmental disability by a physician, clinical
13psychologist, or qualified examiner, the physician, clinical
14psychologist, or qualified examiner shall notify the
15Department of Human Services within 7 days of making the
16determination that the person has a developmental disability.
17The Department of Human Services shall immediately update its
18records and information relating to mental health and
19developmental disabilities, and if appropriate, shall notify
20the Department of State Police in a form and manner prescribed
21by the Department of State Police. Information disclosed under
22this Section shall remain privileged and confidential, and
23shall not be redisclosed, except as required under clause
24(e)(2) of Section 24-4.5 of the Criminal Code of 2012
25subsection (e) of Section 3.1 of the Firearm Owners

SB1754- 52 -LRB102 14289 RLC 19641 b
1Identification Card Act, nor used for any other purpose. The
2method of providing this information shall guarantee that the
3information is not released beyond that which is necessary for
4the purpose of this Section and shall be provided by rule by
5the Department of Human Services. The identity of the person
6reporting under this Section shall not be disclosed to the
7subject of the report.
8 The physician, clinical psychologist, or qualified
9examiner making the determination and his or her employer may
10not be held criminally, civilly, or professionally liable for
11making or not making the notification required under this
12Section, except for willful or wanton misconduct.
13 In this Section, "developmentally disabled" has the
14meaning ascribed to it in Section 12 of the Mental Health and
15Developmental Disabilities Confidentiality Act.
16 In For purposes of this Section, "developmental
17disability" means a disability which is attributable to any
18other condition which results in impairment similar to that
19caused by an intellectual disability and which requires
20services similar to those required by intellectually disabled
21persons. The disability must originate before the age of 18
22years, be expected to continue indefinitely, and constitute a
23substantial disability. This disability results, in the
24professional opinion of a physician, clinical psychologist, or
25qualified examiner, in significant functional limitations in 3
26or more of the following areas of major life activity:

SB1754- 53 -LRB102 14289 RLC 19641 b
1 (i) self-care;
2 (ii) receptive and expressive language;
3 (iii) learning;
4 (iv) mobility; or
5 (v) self-direction.
6 "Determined to be a person with a developmental disability
7by a physician, clinical psychologist, or qualified examiner"
8means in the professional opinion of the physician, clinical
9psychologist, or qualified examiner, a person is diagnosed,
10assessed, or evaluated as having a developmental disability.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
12eff. 7-27-15; 99-642, eff. 7-28-16.)
13 (405 ILCS 5/6-103.3)
14 Sec. 6-103.3. Clear and present danger; notice. If a
15person is determined to pose a clear and present danger to
16himself, herself, or to others by a physician, clinical
17psychologist, or qualified examiner, whether employed by the
18State, by any public or private mental health facility or part
19thereof, or by a law enforcement official or a school
20administrator, then the physician, clinical psychologist,
21qualified examiner shall notify the Department of Human
22Services and a law enforcement official or school
23administrator shall notify the Department of State Police,
24within 24 hours of making the determination that the person
25poses a clear and present danger. The Department of Human

SB1754- 54 -LRB102 14289 RLC 19641 b
1Services shall immediately update its records and information
2relating to mental health and developmental disabilities, and
3if appropriate, shall notify the Department of State Police in
4a form and manner prescribed by the Department of State
5Police. Information disclosed under this Section shall remain
6privileged and confidential, and shall not be redisclosed,
7except as required under clause (e)(2) of Section 24-4.5 of
8the Criminal Code of 2012 subsection (e) of Section 3.1 of the
9Firearm Owners Identification Card Act, nor used for any other
10purpose. The method of providing this information shall
11guarantee that the information is not released beyond that
12which is necessary for the purpose of this Section and shall be
13provided by rule by the Department of Human Services. The
14identity of the person reporting under this Section shall not
15be disclosed to the subject of the report. The physician,
16clinical psychologist, qualified examiner, law enforcement
17official, or school administrator making the determination and
18his or her employer shall not be held criminally, civilly, or
19professionally liable for making or not making the
20notification required under this Section, except for willful
21or wanton misconduct. This Section does not apply to a law
22enforcement official, if making the notification under this
23Section will interfere with an ongoing or pending criminal
24investigation.
25 In For the purposes of this Section:
26 "Clear and present danger" means a person who:

SB1754- 55 -LRB102 14289 RLC 19641 b
1 (1) communicates a serious threat of physical
2 violence against a reasonably identifiable victim or
3 poses a clear and imminent risk of serious physical
4 injury to himself, herself, or another person as
5 determined by a physician, clinical psychologist, or
6 qualified examiner; or
7 (2) demonstrates threatening physical or verbal
8 behavior, such as violent, suicidal, or assaultive
9 threats, actions, or other behavior, as determined by
10 a physician, clinical psychologist, qualified
11 examiner, school administrator, or law enforcement
12 official.
13 "Physician", "clinical psychologist", and "qualified
14 examiner" have the meanings ascribed to them in the Mental
15 Health and Developmental Disabilities Code has the meaning
16 ascribed to it in Section 1.1 of the Firearm Owners
17 Identification Card Act.
18 "Determined to pose a clear and present danger to
19 himself, herself, or to others by a physician, clinical
20 psychologist, or qualified examiner" means in the
21 professional opinion of the physician, clinical
22 psychologist, or qualified examiner, a person poses a
23 clear and present danger.
24 "School administrator" means the person required to
25 report under the School Administrator Reporting of Mental
26 Health Clear and Present Danger Determinations Law.

SB1754- 56 -LRB102 14289 RLC 19641 b
1(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
2 Section 55. The Lead Poisoning Prevention Act is amended
3by changing Section 2 as follows:
4 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
5 Sec. 2. Definitions. As used in this Act:
6 "Child care facility" means any structure used by a child
7care provider licensed by the Department of Children and
8Family Services or public or private school structure
9frequented by children 6 years of age or younger.
10 "Childhood Lead Risk Questionnaire" means the
11questionnaire developed by the Department for use by
12physicians and other health care providers to determine risk
13factors for children 6 years of age or younger residing in
14areas designated as low risk for lead exposure.
15 "Delegate agency" means a unit of local government or
16health department approved by the Department to carry out the
17provisions of this Act.
18 "Department" means the Department of Public Health.
19 "Director" means the Director of Public Health.
20 "Dwelling unit" means an individual unit within a
21residential building used as living quarters for one
22household.
23 "Elevated blood lead level" means a blood lead level in
24excess of the limits established under State rules.

SB1754- 57 -LRB102 14289 RLC 19641 b
1 "Exposed surface" means any interior or exterior surface
2of a regulated facility.
3 "High risk area" means an area in the State determined by
4the Department to be high risk for lead exposure for children 6
5years of age or younger. The Department may consider, but is
6not limited to, the following factors to determine a high risk
7area: age and condition (using Department of Housing and Urban
8Development definitions of "slum" and "blighted") of housing,
9proximity to highway traffic or heavy local traffic or both,
10percentage of housing determined as rental or vacant,
11proximity to industry using lead, established incidence of
12elevated blood lead levels in children, percentage of
13population living below 200% of federal poverty guidelines,
14and number of children residing in the area who are 6 years of
15age or younger.
16 "Lead abatement" means any approved work practices that
17will permanently eliminate lead exposure or remove the
18lead-bearing substances in a regulated facility. The
19Department shall establish by rule which work practices are
20approved or prohibited for lead abatement.
21 "Lead abatement contractor" means any person or entity
22licensed by the Department to perform lead abatement and
23mitigation.
24 "Lead abatement supervisor" means any person employed by a
25lead abatement contractor and licensed by the Department to
26perform lead abatement and lead mitigation and to supervise

SB1754- 58 -LRB102 14289 RLC 19641 b
1lead workers who perform lead abatement and lead mitigation.
2 "Lead abatement worker" means any person employed by a
3lead abatement contractor and licensed by the Department to
4perform lead abatement and mitigation.
5 "Lead activities" means the conduct of any lead services,
6including, lead inspection, lead risk assessment, lead
7mitigation, or lead abatement work or supervision in a
8regulated facility.
9 "Lead-bearing substance" means any item containing or
10coated with lead such that the lead content is more than
11six-hundredths of one percent (0.06%) lead by total weight; or
12any dust on surfaces or in furniture or other nonpermanent
13elements of the regulated facility; or any paint or other
14surface coating material containing more than five-tenths of
15one percent (0.5%) lead by total weight (calculated as lead
16metal) in the total non-volatile content of liquid paint; or
17lead-bearing substances containing greater than one milligram
18per square centimeter or any lower standard for lead content
19in residential paint as may be established by federal law or
20rule; or more than 1 milligram per square centimeter in the
21dried film of paint or previously applied substance; or item
22or dust on item containing lead in excess of the amount
23specified in the rules authorized by this Act or a lower
24standard for lead content as may be established by federal law
25or rule. "Lead-bearing substance" does not include firearm
26ammunition or components as defined by Section 2-7.1 of the

SB1754- 59 -LRB102 14289 RLC 19641 b
1Criminal Code of 2012 the Firearm Owners Identification Card
2Act.
3 "Lead hazard" means a lead-bearing substance that poses an
4immediate health hazard to humans.
5 "Lead hazard screen" means a lead risk assessment that
6involves limited dust and paint sampling for lead-bearing
7substances and lead hazards. This service is used as a
8screening tool designed to determine if further lead
9investigative services are required for the regulated
10facility.
11 "Lead inspection" means a surface-by-surface investigation
12to determine the presence of lead-based paint.
13 "Lead inspector" means an individual who has been trained
14by a Department-approved training program and is licensed by
15the Department to conduct lead inspections; to sample for the
16presence of lead in paint, dust, soil, and water; and to
17conduct compliance investigations.
18 "Lead mitigation" means the remediation, in a manner
19described in Section 9, of a lead hazard so that the
20lead-bearing substance does not pose an immediate health
21hazard to humans.
22 "Lead poisoning" means having an elevated blood lead
23level.
24 "Lead risk assessment" means an on-site investigation to
25determine the existence, nature, severity, and location of
26lead hazards. "Lead risk assessment" includes any lead

SB1754- 60 -LRB102 14289 RLC 19641 b
1sampling and visual assessment associated with conducting a
2lead risk assessment and lead hazard screen and all lead
3sampling associated with compliance investigations.
4 "Lead risk assessor" means an individual who has been
5trained by a Department-approved training program and is
6licensed by the Department to conduct lead risk assessments,
7lead inspections, and lead hazard screens; to sample for the
8presence of lead in paint, dust, soil, water, and sources for
9lead-bearing substances; and to conduct compliance
10investigations.
11 "Lead training program provider" means any person
12providing Department-approved lead training in Illinois to
13individuals seeking licensure in accordance with the Act.
14 "Low risk area" means an area in the State determined by
15the Department to be low risk for lead exposure for children 6
16years of age or younger. The Department may consider the
17factors named in "high risk area" to determine low risk areas.
18 "Owner" means any person, who alone, jointly, or severally
19with others:
20 (a) Has legal title to any regulated facility, with or
21 without actual possession of the regulated facility, or
22 (b) Has charge, care, or control of the regulated
23 facility as owner or agent of the owner, or as executor,
24 administrator, trustee, or guardian of the estate of the
25 owner.
26 "Person" means any individual, partnership, firm, company,

SB1754- 61 -LRB102 14289 RLC 19641 b
1limited liability company, corporation, association, joint
2stock company, trust, estate, political subdivision, State
3agency, or any other legal entity, or their legal
4representative, agent, or assign.
5 "Regulated facility" means a residential building or child
6care facility.
7 "Residential building" means any room, group of rooms, or
8other interior areas of a structure designed or used for human
9habitation; common areas accessible by inhabitants; and the
10surrounding property or structures.
11(Source: P.A. 100-723, eff. 1-1-19.)
12 (430 ILCS 65/Act rep.)
13 Section 60. The Firearm Owners Identification Card Act is
14repealed.
15 Section 65. The Firearm Concealed Carry Act is amended by
16changing Sections 25, 30, 40, 70, 80, and 105 as follows:
17 (430 ILCS 66/25)
18 Sec. 25. Qualifications for a license.
19 The Department shall issue a license to an applicant
20completing an application in accordance with Section 30 of
21this Act if the person:
22 (1) is at least 21 years of age;
23 (2) has a currently valid Firearm Owner's

SB1754- 62 -LRB102 14289 RLC 19641 b
1 Identification Card and at the time of application meets
2 the requirements for the issuance of a Firearm Owner's
3 Identification Card and is not prohibited under State or
4 the Firearm Owners Identification Card Act or federal law
5 from possessing or receiving a firearm;
6 (3) has not been convicted or found guilty in this
7 State or in any other state of:
8 (A) a misdemeanor involving the use or threat of
9 physical force or violence to any person within the 5
10 years preceding the date of the license application;
11 or
12 (B) 2 or more violations related to driving while
13 under the influence of alcohol, other drug or drugs,
14 intoxicating compound or compounds, or any combination
15 thereof, within the 5 years preceding the date of the
16 license application;
17 (4) is not the subject of a pending arrest warrant,
18 prosecution, or proceeding for an offense or action that
19 could lead to disqualification to own or possess a
20 firearm;
21 (5) has not been in residential or court-ordered
22 treatment for alcoholism, alcohol detoxification, or drug
23 treatment within the 5 years immediately preceding the
24 date of the license application; and
25 (6) has completed firearms training and any education
26 component required under Section 75 of this Act.

SB1754- 63 -LRB102 14289 RLC 19641 b
1(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
2 (430 ILCS 66/30)
3 Sec. 30. Contents of license application.
4 (a) The license application shall be in writing, under
5penalty of perjury, on a standard form adopted by the
6Department and shall be accompanied by the documentation
7required in this Section and the applicable fee. Each
8application form shall include the following statement printed
9in bold type: "Warning: Entering false information on this
10form is punishable as perjury under Section 32-2 of the
11Criminal Code of 2012."
12 (b) The application shall contain the following:
13 (1) the applicant's name, current address, date and
14 year of birth, place of birth, height, weight, hair color,
15 eye color, maiden name or any other name the applicant has
16 used or identified with, and any address where the
17 applicant resided for more than 30 days within the 10
18 years preceding the date of the license application;
19 (2) the applicant's valid driver's license number or
20 valid state identification card number;
21 (3) a waiver of the applicant's privacy and
22 confidentiality rights and privileges under all federal
23 and state laws, including those limiting access to
24 juvenile court, criminal justice, psychological, or
25 psychiatric records or records relating to any

SB1754- 64 -LRB102 14289 RLC 19641 b
1 institutionalization of the applicant, and an affirmative
2 request that a person having custody of any of these
3 records provide it or information concerning it to the
4 Department. The waiver only applies to records sought in
5 connection with determining whether the applicant
6 qualifies for a license to carry a concealed firearm under
7 this Act, or whether the applicant remains in compliance
8 with the Firearm Owners Identification Card Act;
9 (4) an affirmation that the applicant is not
10 prohibited under State or federal law from possessing or
11 receiving a firearm possesses a currently valid Firearm
12 Owner's Identification Card and card number if possessed
13 or notice the applicant is applying for a Firearm Owner's
14 Identification Card in conjunction with the license
15 application;
16 (5) an affirmation that the applicant has not been
17 convicted or found guilty of:
18 (A) a felony;
19 (B) a misdemeanor involving the use or threat of
20 physical force or violence to any person within the 5
21 years preceding the date of the application; or
22 (C) 2 or more violations related to driving while
23 under the influence of alcohol, other drug or drugs,
24 intoxicating compound or compounds, or any combination
25 thereof, within the 5 years preceding the date of the
26 license application; and

SB1754- 65 -LRB102 14289 RLC 19641 b
1 (6) whether the applicant has failed a drug test for a
2 drug for which the applicant did not have a prescription,
3 within the previous year, and if so, the provider of the
4 test, the specific substance involved, and the date of the
5 test;
6 (7) written consent for the Department to review and
7 use the applicant's Illinois digital driver's license or
8 Illinois identification card photograph and signature;
9 (8) a full set of fingerprints submitted to the
10 Department in electronic format, provided the Department
11 may accept an application submitted without a set of
12 fingerprints in which case the Department shall be granted
13 30 days in addition to the 90 days provided under
14 subsection (e) of Section 10 of this Act to issue or deny a
15 license;
16 (9) a head and shoulder color photograph in a size
17 specified by the Department taken within the 30 days
18 preceding the date of the license application; and
19 (10) a photocopy of any certificates or other evidence
20 of compliance with the training requirements under this
21 Act.
22(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
23 (430 ILCS 66/40)
24 Sec. 40. Non-resident license applications.
25 (a) For the purposes of this Section, "non-resident" means

SB1754- 66 -LRB102 14289 RLC 19641 b
1a person who has not resided within this State for more than 30
2days and resides in another state or territory.
3 (b) The Department shall by rule allow for non-resident
4license applications from any state or territory of the United
5States with laws related to firearm ownership, possession, and
6carrying, that are substantially similar to the requirements
7to obtain a license under this Act.
8 (c) A resident of a state or territory approved by the
9Department under subsection (b) of this Section may apply for
10a non-resident license. The applicant shall apply to the
11Department and must meet all of the qualifications established
12in Section 25 of this Act, except for the Illinois residency
13requirement in item (xiv) of paragraph (2) of subsection (a)
14of Section 4 of the Firearm Owners Identification Card Act.
15The applicant shall submit:
16 (1) the application and documentation required under
17 Section 30 of this Act and the applicable fee;
18 (2) a notarized document stating that the applicant:
19 (A) is eligible under federal law and the laws of
20 his or her state or territory of residence to own or
21 possess a firearm;
22 (B) if applicable, has a license or permit to
23 carry a firearm or concealed firearm issued by his or
24 her state or territory of residence and attach a copy
25 of the license or permit to the application;
26 (C) understands Illinois laws pertaining to the

SB1754- 67 -LRB102 14289 RLC 19641 b
1 possession and transport of firearms; and
2 (D) acknowledges that the applicant is subject to
3 the jurisdiction of the Department and Illinois courts
4 for any violation of this Act;
5 (3) a photocopy of any certificates or other evidence
6 of compliance with the training requirements under Section
7 75 of this Act; and
8 (4) a head and shoulder color photograph in a size
9 specified by the Department taken within the 30 days
10 preceding the date of the application.
11 (d) In lieu of an Illinois driver's license or Illinois
12identification card, a non-resident applicant shall provide
13similar documentation from his or her state or territory of
14residence. The applicant shall submit In lieu of a valid
15Firearm Owner's Identification Card, the applicant shall
16submit documentation and information required by the
17Department to obtain a Firearm Owner's Identification Card,
18including an affidavit that the non-resident meets the mental
19health standards to obtain a firearm under Illinois law, and
20the Department shall ensure that the applicant would meet the
21eligibility criteria under State law to possess a firearm to
22obtain a Firearm Owner's Identification card if he or she was a
23resident of this State.
24 (e) Nothing in this Act shall prohibit a non-resident from
25transporting a concealed firearm within his or her vehicle in
26Illinois, if the concealed firearm remains within his or her

SB1754- 68 -LRB102 14289 RLC 19641 b
1vehicle and the non-resident:
2 (1) is not prohibited from owning or possessing a
3 firearm under federal law;
4 (2) is eligible to carry a firearm in public under the
5 laws of his or her state or territory of residence, as
6 evidenced by the possession of a concealed carry license
7 or permit issued by his or her state of residence, if
8 applicable; and
9 (3) is not in possession of a license under this Act.
10 If the non-resident leaves his or her vehicle unattended,
11he or she shall store the firearm within a locked vehicle or
12locked container within the vehicle in accordance with
13subsection (b) of Section 65 of this Act.
14(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
15eff. 7-20-15.)
16 (430 ILCS 66/70)
17 Sec. 70. Violations.
18 (a) A license issued or renewed under this Act shall be
19revoked if, at any time, the licensee is found to be ineligible
20for a license under this Act or the licensee is prohibited from
21possessing a firearm under State or federal law no longer
22meets the eligibility requirements of the Firearm Owners
23Identification Card Act.
24 (b) A license shall be suspended if an order of
25protection, including an emergency order of protection,

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1plenary order of protection, or interim order of protection
2under Article 112A of the Code of Criminal Procedure of 1963 or
3under the Illinois Domestic Violence Act of 1986, or if a
4firearms restraining order, including an emergency firearms
5restraining order, under the Firearms Restraining Order Act,
6is issued against a licensee for the duration of the order, or
7if the Department is made aware of a similar order issued
8against the licensee in any other jurisdiction. If an order of
9protection is issued against a licensee, the licensee shall
10surrender the license, as applicable, to the court at the time
11the order is entered or to the law enforcement agency or entity
12serving process at the time the licensee is served the order.
13The court, law enforcement agency, or entity responsible for
14serving the order of protection shall notify the Department
15within 7 days and transmit the license to the Department.
16 (c) A license is invalid upon expiration of the license,
17unless the licensee has submitted an application to renew the
18license, and the applicant is otherwise eligible to possess a
19license under this Act.
20 (d) A licensee shall not carry a concealed firearm while
21under the influence of alcohol, other drug or drugs,
22intoxicating compound or combination of compounds, or any
23combination thereof, under the standards set forth in
24subsection (a) of Section 11-501 of the Illinois Vehicle Code.
25 A licensee in violation of this subsection (d) shall be
26guilty of a Class A misdemeanor for a first or second violation

SB1754- 70 -LRB102 14289 RLC 19641 b
1and a Class 4 felony for a third violation. The Department may
2suspend a license for up to 6 months for a second violation and
3shall permanently revoke a license for a third violation.
4 (e) Except as otherwise provided, a licensee in violation
5of this Act shall be guilty of a Class B misdemeanor. A second
6or subsequent violation is a Class A misdemeanor. The
7Department may suspend a license for up to 6 months for a
8second violation and shall permanently revoke a license for 3
9or more violations of Section 65 of this Act. Any person
10convicted of a violation under this Section shall pay a $150
11fee to be deposited into the Mental Health Reporting Fund,
12plus any applicable court costs or fees.
13 (f) A licensee convicted or found guilty of a violation of
14this Act who has a valid license and is otherwise eligible to
15carry a concealed firearm shall only be subject to the
16penalties under this Section and shall not be subject to the
17penalties under Section 21-6, paragraph (4), (8), or (10) of
18subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
19of paragraph (3) of subsection (a) of Section 24-1.6 of the
20Criminal Code of 2012. Except as otherwise provided in this
21subsection, nothing in this subsection prohibits the licensee
22from being subjected to penalties for violations other than
23those specified in this Act.
24 (g) A licensee whose license is revoked, suspended, or
25denied shall, within 48 hours of receiving notice of the
26revocation, suspension, or denial, surrender his or her

SB1754- 71 -LRB102 14289 RLC 19641 b
1concealed carry license to the local law enforcement agency
2where the person resides. The local law enforcement agency
3shall provide the licensee a receipt and transmit the
4concealed carry license to the Department of State Police. If
5the licensee whose concealed carry license has been revoked,
6suspended, or denied fails to comply with the requirements of
7this subsection, the law enforcement agency where the person
8resides may petition the circuit court to issue a warrant to
9search for and seize the concealed carry license in the
10possession and under the custody or control of the licensee
11whose concealed carry license has been revoked, suspended, or
12denied. The observation of a concealed carry license in the
13possession of a person whose license has been revoked,
14suspended, or denied constitutes a sufficient basis for the
15arrest of that person for violation of this subsection. A
16violation of this subsection is a Class A misdemeanor.
17 (h) (Blank). A license issued or renewed under this Act
18shall be revoked if, at any time, the licensee is found
19ineligible for a Firearm Owner's Identification Card, or the
20licensee no longer possesses a valid Firearm Owner's
21Identification Card. A licensee whose license is revoked under
22this subsection (h) shall surrender his or her concealed carry
23license as provided for in subsection (g) of this Section.
24 This subsection shall not apply to a person who has filed
25an application with the State Police for renewal of a Firearm
26Owner's Identification Card and who is not otherwise

SB1754- 72 -LRB102 14289 RLC 19641 b
1ineligible to obtain a Firearm Owner's Identification Card.
2 (i) A certified firearms instructor who knowingly provides
3or offers to provide a false certification that an applicant
4has completed firearms training as required under this Act is
5guilty of a Class A misdemeanor. A person guilty of a violation
6of this subsection (i) is not eligible for court supervision.
7The Department shall permanently revoke the firearms
8instructor certification of a person convicted under this
9subsection (i).
10(Source: P.A. 100-607, eff. 1-1-19.)
11 (430 ILCS 66/80)
12 Sec. 80. Certified firearms instructors.
13 (a) Within 60 days of the effective date of this Act, the
14Department shall begin approval of certified firearms
15instructors and enter certified firearms instructors into an
16online registry on the Department's website.
17 (b) A person who is not a certified firearms instructor
18shall not teach applicant training courses or advertise or
19otherwise represent courses they teach as qualifying their
20students to meet the requirements to receive a license under
21this Act. Each violation of this subsection is a business
22offense with a fine of at least $1,000 per violation.
23 (c) A person seeking to become a certified firearms
24instructor shall:
25 (1) be at least 21 years of age;

SB1754- 73 -LRB102 14289 RLC 19641 b
1 (2) be a legal resident of the United States; and
2 (3) meet the requirements of Section 25 of this Act,
3 except for the Illinois residency requirement in item
4 (xiv) of paragraph (2) of subsection (a) of Section 4 of
5 the Firearm Owners Identification Card Act; and any
6 additional uniformly applied requirements established by
7 the Department.
8 (d) A person seeking to become a certified firearms
9instructor, in addition to the requirements of subsection (c)
10of this Section, shall:
11 (1) possess a high school diploma or high school
12 equivalency certificate; and
13 (2) have at least one of the following valid firearms
14 instructor certifications:
15 (A) certification from a law enforcement agency;
16 (B) certification from a firearm instructor course
17 offered by a State or federal governmental agency;
18 (C) certification from a firearm instructor
19 qualification course offered by the Illinois Law
20 Enforcement Training Standards Board; or
21 (D) certification from an entity approved by the
22 Department that offers firearm instructor education
23 and training in the use and safety of firearms.
24 (e) A person may have his or her firearms instructor
25certification denied or revoked if he or she does not meet the
26requirements to obtain a license under this Act, provides

SB1754- 74 -LRB102 14289 RLC 19641 b
1false or misleading information to the Department, or has had
2a prior instructor certification revoked or denied by the
3Department.
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;
598-718, eff. 1-1-15.)
6 (430 ILCS 66/105)
7 Sec. 105. Duty of school administrator. It is the duty of
8the principal of a public elementary or secondary school, or
9his or her designee, and the chief administrative officer of a
10private elementary or secondary school or a public or private
11community college, college, or university, or his or her
12designee, to report to the Department of State Police when a
13student is determined to pose a clear and present danger to
14himself, herself, or to others, within 24 hours of the
15determination as provided in Section 6-103.3 of the Mental
16Health and Developmental Disabilities Code. "Clear and present
17danger" has the meaning as provided in paragraph (2) of the
18definition of "clear and present danger" in Section 6-103.3 of
19the Mental Health and Developmental Disabilities Code 1.1 of
20the Firearm Owners Identification Card Act.
21(Source: P.A. 98-63, eff. 7-9-13.)
22 Section 66. The Firearms Restraining Order Act is amended
23by changing Sections 35 and 40 as follows:

SB1754- 75 -LRB102 14289 RLC 19641 b
1 (430 ILCS 67/35)
2 Sec. 35. Ex parte orders and emergency hearings.
3 (a) A petitioner may request an emergency firearms
4restraining order by filing an affidavit or verified pleading
5alleging that the respondent poses an immediate and present
6danger of causing personal injury to himself, herself, or
7another by having in his or her custody or control,
8purchasing, possessing, or receiving a firearm. The petition
9shall also describe the type and location of any firearm or
10firearms presently believed by the petitioner to be possessed
11or controlled by the respondent.
12 (b) If the respondent is alleged to pose an immediate and
13present danger of causing personal injury to an intimate
14partner, or an intimate partner is alleged to have been the
15target of a threat or act of violence by the respondent, the
16petitioner shall make a good faith effort to provide notice to
17any and all intimate partners of the respondent. The notice
18must include that the petitioner intends to petition the court
19for an emergency firearms restraining order, and, if the
20petitioner is a law enforcement officer, referral to relevant
21domestic violence or stalking advocacy or counseling
22resources, if appropriate. The petitioner shall attest to
23having provided the notice in the filed affidavit or verified
24pleading. If, after making a good faith effort, the petitioner
25is unable to provide notice to any or all intimate partners,
26the affidavit or verified pleading should describe what

SB1754- 76 -LRB102 14289 RLC 19641 b
1efforts were made.
2 (c) Every person who files a petition for an emergency
3firearms restraining order, knowing the information provided
4to the court at any hearing or in the affidavit or verified
5pleading to be false, is guilty of perjury under Section 32-2
6of the Criminal Code of 2012.
7 (d) An emergency firearms restraining order shall be
8issued on an ex parte basis, that is, without notice to the
9respondent.
10 (e) An emergency hearing held on an ex parte basis shall be
11held the same day that the petition is filed or the next day
12that the court is in session.
13 (f) If a circuit or associate judge finds probable cause
14to believe that the respondent poses an immediate and present
15danger of causing personal injury to himself, herself, or
16another by having in his or her custody or control,
17purchasing, possessing, or receiving a firearm, the circuit or
18associate judge shall issue an emergency order.
19 (f-5) If the court issues an emergency firearms
20restraining order, it shall, upon a finding of probable cause
21that the respondent possesses firearms, issue a search warrant
22directing a law enforcement agency to seize the respondent's
23firearms. The court may, as part of that warrant, direct the
24law enforcement agency to search the respondent's residence
25and other places where the court finds there is probable cause
26to believe he or she is likely to possess the firearms.

SB1754- 77 -LRB102 14289 RLC 19641 b
1 (g) An emergency firearms restraining order shall require:
2 (1) the respondent to refrain from having in his or
3 her custody or control, purchasing, possessing, or
4 receiving additional firearms for the duration of the
5 order; and
6 (2) the respondent to turn over to the local law
7 enforcement agency any Firearm Owner's Identification Card
8 and concealed carry license in his or her possession. The
9 local law enforcement agency shall immediately mail the
10 card and concealed carry license to the Department of
11 State Police Firearm Services Bureau for safekeeping. The
12 firearm or firearms and Firearm Owner's Identification
13 Card and concealed carry license, if unexpired, shall be
14 returned to the respondent after the firearms restraining
15 order is terminated or expired.
16 (h) Except as otherwise provided in subsection (h-5) of
17this Section, upon expiration of the period of safekeeping, if
18the firearms or Firearm Owner's Identification Card and
19concealed carry license cannot be returned to the respondent
20because the respondent cannot be located, fails to respond to
21requests to retrieve the firearms, or is not lawfully eligible
22to possess a firearm, upon petition from the local law
23enforcement agency, the court may order the local law
24enforcement agency to destroy the firearms, use the firearms
25for training purposes, or use the firearms for any other
26application as deemed appropriate by the local law enforcement

SB1754- 78 -LRB102 14289 RLC 19641 b
1agency.
2 (h-5) A respondent whose firearms have been turned over to
3a local law enforcement agency Firearm Owner's Identification
4Card has been revoked or suspended may petition the court, if
5the petitioner is present in court or has notice of the
6respondent's petition, to transfer the respondent's firearm to
7a person who is lawfully able to possess the firearm if the
8person does not reside at the same address as the respondent.
9Notice of the petition shall be served upon the person
10protected by the emergency firearms restraining order. While
11the order is in effect, the transferee who receives the
12respondent's firearms must swear or affirm by affidavit that
13he or she shall not transfer the firearm to the respondent or
14to anyone residing in the same residence as the respondent.
15 (h-6) If a person other than the respondent claims title
16to any firearms surrendered under this Section, he or she may
17petition the court, if the petitioner is present in court or
18has notice of the petition, to have the firearm returned to him
19or her. If the court determines that person to be the lawful
20owner of the firearm, the firearm shall be returned to him or
21her, provided that:
22 (1) the firearm is removed from the respondent's
23 custody, control, or possession and the lawful owner
24 agrees to store the firearm in a manner such that the
25 respondent does not have access to or control of the
26 firearm; and

SB1754- 79 -LRB102 14289 RLC 19641 b
1 (2) the firearm is not otherwise unlawfully possessed
2 by the owner.
3 The person petitioning for the return of his or her
4firearm must swear or affirm by affidavit that he or she: (i)
5is the lawful owner of the firearm; (ii) shall not transfer the
6firearm to the respondent; and (iii) will store the firearm in
7a manner that the respondent does not have access to or control
8of the firearm.
9 (i) In accordance with subsection (e) of this Section, the
10court shall schedule a full hearing as soon as possible, but no
11longer than 14 days from the issuance of an ex parte firearms
12restraining order, to determine if a 6-month firearms
13restraining order shall be issued. The court may extend an ex
14parte order as needed, but not to exceed 14 days, to effectuate
15service of the order or if necessary to continue protection.
16The court may extend the order for a greater length of time by
17mutual agreement of the parties.
18(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
19 (430 ILCS 67/40)
20 Sec. 40. Six-month orders.
21 (a) A petitioner may request a 6-month firearms
22restraining order by filing an affidavit or verified pleading
23alleging that the respondent poses a significant danger of
24causing personal injury to himself, herself, or another in the
25near future by having in his or her custody or control,

SB1754- 80 -LRB102 14289 RLC 19641 b
1purchasing, possessing, or receiving a firearm. The petition
2shall also describe the number, types, and locations of any
3firearms presently believed by the petitioner to be possessed
4or controlled by the respondent.
5 (b) If the respondent is alleged to pose a significant
6danger of causing personal injury to an intimate partner, or
7an intimate partner is alleged to have been the target of a
8threat or act of violence by the respondent, the petitioner
9shall make a good faith effort to provide notice to any and all
10intimate partners of the respondent. The notice must include
11that the petitioner intends to petition the court for a
126-month firearms restraining order, and, if the petitioner is
13a law enforcement officer, referral to relevant domestic
14violence or stalking advocacy or counseling resources, if
15appropriate. The petitioner shall attest to having provided
16the notice in the filed affidavit or verified pleading. If,
17after making a good faith effort, the petitioner is unable to
18provide notice to any or all intimate partners, the affidavit
19or verified pleading should describe what efforts were made.
20 (c) Every person who files a petition for a 6-month
21firearms restraining order, knowing the information provided
22to the court at any hearing or in the affidavit or verified
23pleading to be false, is guilty of perjury under Section 32-2
24of the Criminal Code of 2012.
25 (d) Upon receipt of a petition for a 6-month firearms
26restraining order, the court shall order a hearing within 30

SB1754- 81 -LRB102 14289 RLC 19641 b
1days.
2 (e) In determining whether to issue a firearms restraining
3order under this Section, the court shall consider evidence
4including, but not limited to, the following:
5 (1) The unlawful and reckless use, display, or
6 brandishing of a firearm by the respondent.
7 (2) The history of use, attempted use, or threatened
8 use of physical force by the respondent against another
9 person.
10 (3) Any prior arrest of the respondent for a felony
11 offense.
12 (4) Evidence of the abuse of controlled substances or
13 alcohol by the respondent.
14 (5) A recent threat of violence or act of violence by
15 the respondent directed toward himself, herself, or
16 another.
17 (6) A violation of an emergency order of protection
18 issued under Section 217 of the Illinois Domestic Violence
19 Act of 1986 or Section 112A-17 of the Code of Criminal
20 Procedure of 1963 or of an order of protection issued
21 under Section 214 of the Illinois Domestic Violence Act of
22 1986 or Section 112A-14 of the Code of Criminal Procedure
23 of 1963.
24 (7) A pattern of violent acts or violent threats,
25 including, but not limited to, threats of violence or acts
26 of violence by the respondent directed toward himself,

SB1754- 82 -LRB102 14289 RLC 19641 b
1 herself, or another.
2 (f) At the hearing, the petitioner shall have the burden
3of proving, by clear and convincing evidence, that the
4respondent poses a significant danger of personal injury to
5himself, herself, or another by having in his or her custody or
6control, purchasing, possessing, or receiving a firearm.
7 (g) If the court finds that there is clear and convincing
8evidence to issue a firearms restraining order, the court
9shall issue a firearms restraining order that shall be in
10effect for 6 months subject to renewal under Section 45 of this
11Act or termination under that Section.
12 (g-5) If the court issues a 6-month firearms restraining
13order, it shall, upon a finding of probable cause that the
14respondent possesses firearms, issue a search warrant
15directing a law enforcement agency to seize the respondent's
16firearms. The court may, as part of that warrant, direct the
17law enforcement agency to search the respondent's residence
18and other places where the court finds there is probable cause
19to believe he or she is likely to possess the firearms.
20 (h) A 6-month firearms restraining order shall require:
21 (1) the respondent to refrain from having in his or
22 her custody or control, purchasing, possessing, or
23 receiving additional firearms for the duration of the
24 order; and
25 (2) the respondent to turn over to the local law
26 enforcement agency any firearm or Firearm Owner's

SB1754- 83 -LRB102 14289 RLC 19641 b
1 Identification Card and concealed carry license in his or
2 her possession. The local law enforcement agency shall
3 immediately mail the card and concealed carry license to
4 the Department of State Police Firearm Services Bureau for
5 safekeeping. The firearm or firearms and Firearm Owner's
6 Identification Card and concealed carry license, if
7 unexpired, shall be returned to the respondent after the
8 firearms restraining order is terminated or expired.
9 (i) Except as otherwise provided in subsection (i-5) of
10this Section, upon expiration of the period of safekeeping, if
11the firearms or Firearm Owner's Identification Card cannot be
12returned to the respondent because the respondent cannot be
13located, fails to respond to requests to retrieve the
14firearms, or is not lawfully eligible to possess a firearm,
15upon petition from the local law enforcement agency, the court
16may order the local law enforcement agency to destroy the
17firearms, use the firearms for training purposes, or use the
18firearms for any other application as deemed appropriate by
19the local law enforcement agency.
20 (i-5) A respondent whose firearms have been turned over to
21a local law enforcement agency Firearm Owner's Identification
22Card has been revoked or suspended may petition the court, if
23the petitioner is present in court or has notice of the
24respondent's petition, to transfer the respondent's firearm to
25a person who is lawfully able to possess the firearm if the
26person does not reside at the same address as the respondent.

SB1754- 84 -LRB102 14289 RLC 19641 b
1Notice of the petition shall be served upon the person
2protected by the emergency firearms restraining order. While
3the order is in effect, the transferee who receives the
4respondent's firearms must swear or affirm by affidavit that
5he or she shall not transfer the firearm to the respondent or
6to anyone residing in the same residence as the respondent.
7 (i-6) If a person other than the respondent claims title
8to any firearms surrendered under this Section, he or she may
9petition the court, if the petitioner is present in court or
10has notice of the petition, to have the firearm returned to him
11or her. If the court determines that person to be the lawful
12owner of the firearm, the firearm shall be returned to him or
13her, provided that:
14 (1) the firearm is removed from the respondent's
15 custody, control, or possession and the lawful owner
16 agrees to store the firearm in a manner such that the
17 respondent does not have access to or control of the
18 firearm; and
19 (2) the firearm is not otherwise unlawfully possessed
20 by the owner.
21 The person petitioning for the return of his or her
22firearm must swear or affirm by affidavit that he or she: (i)
23is the lawful owner of the firearm; (ii) shall not transfer the
24firearm to the respondent; and (iii) will store the firearm in
25a manner that the respondent does not have access to or control
26of the firearm.

SB1754- 85 -LRB102 14289 RLC 19641 b
1 (j) If the court does not issue a firearms restraining
2order at the hearing, the court shall dissolve any emergency
3firearms restraining order then in effect.
4 (k) When the court issues a firearms restraining order
5under this Section, the court shall inform the respondent that
6he or she is entitled to one hearing during the period of the
7order to request a termination of the order, under Section 45
8of this Act, and shall provide the respondent with a form to
9request a hearing.
10(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
11 Section 70. The Firearm Dealer License Certification Act
12is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
13follows:
14 (430 ILCS 68/5-20)
15 Sec. 5-20. Additional licensee requirements.
16 (a) A certified licensee shall make a photo copy of a
17buyer's or transferee's valid photo identification card
18whenever a firearm sale transaction takes place. The photo
19copy shall be attached to the documentation detailing the
20record of sale.
21 (b) A certified licensee shall post in a conspicuous
22position on the premises where the licensee conducts business
23a sign that contains the following warning in block letters
24not less than one inch in height:

SB1754- 86 -LRB102 14289 RLC 19641 b
1 "With few exceptions enumerated in the Criminal Code
2 of 2012 Firearm Owners Identification Card Act, it is
3 unlawful for you to:
4 (A) store or leave an unsecured firearm in a place
5 where a child can obtain access to it;
6 (B) sell or transfer your firearm to someone else
7 without receiving approval for the transfer from the
8 Department of State Police, or
9 (C) fail to report the loss or theft of your
10 firearm to local law enforcement within 72 hours.".
11This sign shall be created by the Department and made
12available for printing or downloading from the Department's
13website.
14 (c) No retail location established after the effective
15date of this Act shall be located within 500 feet of any
16school, pre-school, or day care facility in existence at its
17location before the retail location is established as measured
18from the nearest corner of the building holding the retail
19location to the corner of the school, pre-school, or day care
20facility building nearest the retail location at the time the
21retail location seeks licensure.
22(Source: P.A. 100-1178, eff. 1-18-19.)
23 (430 ILCS 68/5-25)
24 Sec. 5-25. Exemptions. The provisions of this Act related
25to the certification of a license do not apply to a person or

SB1754- 87 -LRB102 14289 RLC 19641 b
1entity that engages in the following activities:
2 (1) temporary transfers of firearms solely for use at
3 the location or on the premises where the transfer takes
4 place, such as transfers at a shooting range for use at
5 that location;
6 (2) temporary transfers of firearms solely for use
7 while in the presence of the transferor or transfers for
8 the purposes of firearm safety training by a firearms
9 safety training instructor;
10 (3) transfers of firearms among immediate family or
11 household members, as "immediate family or household
12 member" is defined in Section 3-2.7-10 of the Unified Code
13 of Corrections, provided that both the transferor and
14 transferee are not prohibited from possessing a firearm
15 under federal or State law have a currently valid Firearm
16 Owner's Identification Card; however, this paragraph (3)
17 does not limit the familial gift exemption under paragraph
18 (2) of subsection (a-15) of Section 3 of the Firearm
19 Owners Identification Card Act;
20 (4) transfers by persons or entities acting under
21 operation of law or a court order;
22 (5) transfers by persons or entities liquidating all
23 or part of a collection. For purposes of this paragraph
24 (5), "collection" means 2 or more firearms which are of
25 special interest to collectors by reason of some quality
26 other than is associated with firearms intended for

SB1754- 88 -LRB102 14289 RLC 19641 b
1 sporting use or as offensive or defensive weapons;
2 (6) transfers of firearms that have been rendered
3 permanently inoperable to a nonprofit historical society,
4 museum, or institutional collection;
5 (7) transfers by a law enforcement or corrections
6 agency or a law enforcement or corrections officer acting
7 within the course and scope of his or her official duties;
8 (8) (blank); transfers to a State or local law
9 enforcement agency by a person who has his or her Firearm
10 Owner's Identification Card revoked;
11 (9) transfers of curios and relics, as defined under
12 federal law, between collectors licensed under subsection
13 (b) of Section 923 of the federal Gun Control Act of 1968;
14 (10) transfers by a person or entity licensed as an
15 auctioneer under the Auction License Act;
16 (10.5) transfers of firearms to a resident registered
17 competitor or attendee or non-resident registered
18 competitor or attendee by a licensed federal firearms
19 dealer under Section 923 of the federal Gun Control Act of
20 1968 at a competitive shooting event held at the World
21 Shooting and Recreational Complex that is sanctioned by a
22 national governing body; or
23 (11) transfers between a pawnshop and a customer which
24 amount to a bailment. For purposes of this paragraph (11),
25 "bailment" means the act of placing property in the
26 custody and control of another, by agreement in which the

SB1754- 89 -LRB102 14289 RLC 19641 b
1 holder is responsible for the safekeeping and return of
2 the property.
3(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
4 (430 ILCS 68/5-40)
5 Sec. 5-40. Qualifications for operation.
6 (a) Each certified licensee shall submit with each
7application for certification or renewal an affidavit to the
8Department stating that each owner, employee, or other agent
9of the certified licensee who sells or conducts transfers of
10firearms for the certified licensee is at least 21 years of
11age, has a currently valid Firearm Owner's Identification Card
12and, for a renewal, has completed the training required under
13Section 5-30. The affidavit must also contain the name and
14Firearm Owner's Identification Card number of each owner,
15employee, or other agent who sells or conducts transfers of
16firearms for the certified licensee. If an owner, employee, or
17other agent of the certified licensee is not otherwise a
18resident of this State, the certified licensee shall submit an
19affidavit stating that the owner, employee, or other agent has
20undergone a background check and is not prohibited from owning
21or possessing firearms.
22 (b) In addition to the affidavit required under subsection
23(a), within 30 days of a new owner, employee, or other agent
24beginning selling or conducting transfers of firearms for the
25certified licensee, the certified licensee shall submit an

SB1754- 90 -LRB102 14289 RLC 19641 b
1affidavit to the Department stating the date that the new
2owner, employee, or other agent began selling or conducting
3transfers of firearms for the certified licensee, and
4providing the information required in subsection (a) for that
5new owner, employee, or other agent.
6 (c) If a certified licensee has a license, certificate, or
7permit to sell, lease, transfer, purchase, or possess firearms
8issued by the federal government or the government of any
9state revoked or suspended for good cause within the preceding
104 years, the Department may consider revoking or suspending
11the certified licenses in this State. In making a
12determination of whether or not to revoke or suspend a
13certified license in this State, the Department shall consider
14the number of retail locations the certified licensee or any
15related person or entity operates in this State or in other
16states under the same or different business names, and the
17severity of the infraction in the state in which a license was
18revoked or suspended.
19 (d) Applications and affidavits required under this
20Section are not subject to disclosure by the Department under
21the Freedom of Information Act.
22(Source: P.A. 100-1178, eff. 1-18-19.)
23 (430 ILCS 68/5-85)
24 Sec. 5-85. Disciplinary sanctions.
25 (a) For violations of this Act not penalized under Section

SB1754- 91 -LRB102 14289 RLC 19641 b
15-15, the Department may refuse to renew or restore, or may
2reprimand, place on probation, suspend, revoke, or take other
3disciplinary or non-disciplinary action against any licensee,
4and may impose a fine commensurate with the severity of the
5violation not to exceed $10,000 for each violation for any of
6the following, consistent with the Protection of Lawful
7Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
8 (1) Violations of this Act, or any law applicable to
9 the sale or transfer of firearms.
10 (2) A pattern of practice or other behavior which
11 demonstrates incapacity or incompetency to practice under
12 this Act.
13 (3) Aiding or assisting another person in violating
14 any provision of this Act or rules adopted under this Act.
15 (4) Failing, within 60 days, to provide information in
16 response to a written request made by the Department.
17 (5) Conviction of, plea of guilty to, or plea of nolo
18 contendere to any crime that disqualifies the person from
19 obtaining a firearm valid Firearm Owner's Identification
20 Card.
21 (6) Continued practice, although the person has become
22 unfit to practice due to any of the following:
23 (A) Any circumstance that disqualifies the person
24 from obtaining a firearm valid Firearm Owner's
25 Identification Card or concealed carry license.
26 (B) Habitual or excessive use or abuse of drugs

SB1754- 92 -LRB102 14289 RLC 19641 b
1 defined in law as controlled substances, alcohol, or
2 any other substance that results in the inability to
3 practice with reasonable judgment, skill, or safety.
4 (7) Receiving, directly or indirectly, compensation
5 for any firearms sold or transferred illegally.
6 (8) Discipline by another United States jurisdiction,
7 foreign nation, or governmental agency, if at least one of
8 the grounds for the discipline is the same or
9 substantially equivalent to those set forth in this Act.
10 (9) Violation of any disciplinary order imposed on a
11 licensee by the Department.
12 (10) A finding by the Department that the licensee,
13 after having his or her certified license placed on
14 probationary status, has violated the terms of probation.
15 (11) A fraudulent or material misstatement in the
16 completion of an affirmative obligation or inquiry by law
17 enforcement.
18 (b) All fines imposed under this Section shall be paid
19within 90 days after the effective date of the final order
20imposing the fine.
21(Source: P.A. 100-1178, eff. 1-18-19.)
22 Section 75. The Wildlife Code is amended by changing
23Sections 3.2 and 3.2a as follows:
24 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

SB1754- 93 -LRB102 14289 RLC 19641 b
1 Sec. 3.2. Hunting license; application; instruction.
2Before the Department or any county, city, village, township,
3incorporated town clerk or his duly designated agent or any
4other person authorized or designated by the Department to
5issue hunting licenses shall issue a hunting license to any
6person, the person shall file his application with the
7Department or other party authorized to issue licenses on a
8form provided by the Department and further give definite
9proof of identity and place of legal residence. Each clerk
10designating agents to issue licenses and stamps shall furnish
11the Department, within 10 days following the appointment, the
12names and mailing addresses of the agents. Each clerk or his
13duly designated agent shall be authorized to sell licenses and
14stamps only within the territorial area for which he was
15elected or appointed. No duly designated agent is authorized
16to furnish licenses or stamps for issuance by any other
17business establishment. Each application shall be executed and
18sworn to and shall set forth the name and description of the
19applicant and place of residence.
20 No hunting license shall be issued to any person born on or
21after January 1, 1980 unless he presents the person authorized
22to issue the license evidence that he has held a hunting
23license issued by the State of Illinois or another state in a
24prior year, or a certificate of competency as provided in this
25Section. Persons under 18 years of age may be issued a Lifetime
26Hunting or Sportsmen's Combination License as provided under

SB1754- 94 -LRB102 14289 RLC 19641 b
1Section 20-45 of the Fish and Aquatic Life Code but shall not
2be entitled to hunt alone, without the supervision of an adult
3age 21 or older, unless they have a certificate of competency
4as provided in this Section and the certificate is in their
5possession while hunting.
6 The Department of Natural Resources shall authorize
7personnel of the Department or certified volunteer instructors
8to conduct courses, of not less than 10 hours in length, in
9firearms and hunter safety, which may include training in bow
10and arrow safety, at regularly specified intervals throughout
11the State. Persons successfully completing the course shall
12receive a certificate of competency. The Department of Natural
13Resources may further cooperate with any reputable association
14or organization in establishing courses if the organization
15has as one of its objectives the promotion of safety in the
16handling of firearms or bow and arrow.
17 The Department of Natural Resources shall designate any
18person found by it to be competent to give instruction in the
19handling of firearms, hunter safety, and bow and arrow. The
20persons so appointed shall give the course of instruction and
21upon the successful completion shall issue to the person
22instructed a certificate of competency in the safe handling of
23firearms, hunter safety, and bow and arrow. No charge shall be
24made for any course of instruction except for materials or
25ammunition consumed. The Department of Natural Resources shall
26furnish information on the requirements of hunter safety

SB1754- 95 -LRB102 14289 RLC 19641 b
1education programs to be distributed free of charge to
2applicants for hunting licenses by the persons appointed and
3authorized to issue licenses. Funds for the conducting of
4firearms and hunter safety courses shall be taken from the fee
5charged for the Firearm Owners Identification Card.
6 The fee for a hunting license to hunt all species for a
7resident of Illinois is $12. For residents age 65 or older,
8and, commencing with the 2012 license year, resident veterans
9of the United States Armed Forces after returning from service
10abroad or mobilization by the President of the United States,
11the fee is one-half of the fee charged for a hunting license to
12hunt all species for a resident of Illinois. Veterans must
13provide to the Department, at one of the Department's 5
14regional offices, verification of their service. The
15Department shall establish what constitutes suitable
16verification of service for the purpose of issuing resident
17veterans hunting licenses at a reduced fee. The fee for a
18hunting license to hunt all species shall be $1 for residents
19over 75 years of age. Nonresidents shall be charged $57 for a
20hunting license.
21 Nonresidents may be issued a nonresident hunting license
22for a period not to exceed 10 consecutive days' hunting in the
23State and shall be charged a fee of $35.
24 A special nonresident hunting license authorizing a
25nonresident to take game birds by hunting on a game breeding
26and hunting preserve area only, established under Section

SB1754- 96 -LRB102 14289 RLC 19641 b
13.27, shall be issued upon proper application being made and
2payment of a fee equal to that for a resident hunting license.
3The expiration date of this license shall be on the same date
4each year that game breeding and hunting preserve area
5licenses expire.
6 Each applicant for a State Migratory Waterfowl Stamp,
7regardless of his residence or other condition, shall pay a
8fee of $15 and shall receive a stamp. The fee for a State
9Migratory Waterfowl Stamp shall be waived for residents over
1075 years of age. Except as provided under Section 20-45 of the
11Fish and Aquatic Life Code, the stamp shall be signed by the
12person or affixed to his license or permit in a space
13designated by the Department for that purpose.
14 Each applicant for a State Habitat Stamp, regardless of
15his residence or other condition, shall pay a fee of $5 and
16shall receive a stamp. The fee for a State Habitat Stamp shall
17be waived for residents over 75 years of age. Except as
18provided under Section 20-45 of the Fish and Aquatic Life
19Code, the stamp shall be signed by the person or affixed to his
20license or permit in a space designated by the Department for
21that purpose.
22 Nothing in this Section shall be construed as to require
23the purchase of more than one State Habitat Stamp by any person
24in any one license year.
25 The fees for State Pheasant Stamps and State Furbearer
26Stamps shall be waived for residents over 75 years of age.

SB1754- 97 -LRB102 14289 RLC 19641 b
1 The Department shall furnish the holders of hunting
2licenses and stamps with an insignia as evidence of possession
3of license, or license and stamp, as the Department may
4consider advisable. The insignia shall be exhibited and used
5as the Department may order.
6 All other hunting licenses and all State stamps shall
7expire upon March 31 of each year.
8 Every person holding any license, permit, or stamp issued
9under the provisions of this Act shall have it in his
10possession for immediate presentation for inspection to the
11officers and authorized employees of the Department, any
12sheriff, deputy sheriff, or any other peace officer making a
13demand for it. This provision shall not apply to Department
14owned or managed sites where it is required that all hunters
15deposit their license or , permit, or Firearm Owner's
16Identification Card at the check station upon entering the
17hunting areas.
18(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
19 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
20 Sec. 3.2a. Every person holding any license, permit or
21stamp issued under the provisions hereof shall have it in his
22possession for immediate presentation for inspection to the
23officers and authorized employees of the Department, any
24sheriff, deputy sheriff or any other peace officer making a
25demand for it. This provision shall not apply to Department

SB1754- 98 -LRB102 14289 RLC 19641 b
1owned or managed sites where it is required that all hunters
2deposit their license or , permit or Firearm Owner's
3Identification Card at the check station upon entering the
4hunting areas.
5(Source: P.A. 85-152.)
6 Section 76. The Illinois Vehicle Code is amended by
7changing Section 2-116 as follows:
8 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
9 Sec. 2-116. Secretary of State Department of Police.
10 (a) The Secretary of State and the officers, inspectors,
11and investigators appointed by him shall cooperate with the
12State Police and the sheriffs and police in enforcing the laws
13regulating the operation of vehicles and the use of the
14highways.
15 (b) The Secretary of State may provide training and
16education for members of his office in traffic regulation, the
17promotion of traffic safety and the enforcement of laws vested
18in the Secretary of State for administration and enforcement
19regulating the operation of vehicles and the use of the
20highways.
21 (c) The Secretary of State may provide distinctive
22uniforms and badges for officers, inspectors and investigators
23employed in the administration of laws relating to the
24operation of vehicles and the use of the highways and vesting

SB1754- 99 -LRB102 14289 RLC 19641 b
1the administration and enforcement of such laws in the
2Secretary of State.
3 (c-5) The Director of the Secretary of State Department of
4Police shall establish a program to allow a Secretary of State
5Police officer, inspector, or investigator who is honorably
6retiring in good standing to purchase either one or both of the
7following: (1) any Secretary of State Department of Police
8badge previously issued to that officer, inspector, or
9investigator; or (2) if the officer, inspector, or
10investigator has a currently valid Firearm Owner's
11Identification Card, the service firearm issued or previously
12issued to the officer, inspector, or investigator by the
13Secretary of State Department of Police. The cost of the
14firearm shall be the replacement value of the firearm and not
15the firearm's fair market value.
16 (d) The Secretary of State Department of Police is
17authorized to:
18 (1) investigate the origins, activities, persons, and
19 incidents of crime and the ways and means, if any, to
20 redress the victims of crimes, and study the impact, if
21 any, of legislation relative to the criminal laws of this
22 State related thereto and conduct any other investigations
23 as may be provided by law;
24 (2) employ skilled experts, technicians,
25 investigators, special agents, or otherwise specially
26 qualified persons to aid in preventing or detecting crime,

SB1754- 100 -LRB102 14289 RLC 19641 b
1 apprehending criminals, or preparing and presenting
2 evidence of violations of the criminal laws of the State;
3 (3) cooperate with the police of cities, villages, and
4 incorporated towns, and with the police officers of any
5 county, in enforcing the laws of the State and in making
6 arrests;
7 (4) provide, as may be required by law, assistance to
8 local law enforcement agencies through training,
9 management, and consultant services for local law
10 enforcement agencies, pertaining to law enforcement
11 activities;
12 (5) exercise the rights, powers, and duties which have
13 been vested in it by the Secretary of State Act and this
14 Code; and
15 (6) enforce and administer any other laws in relation
16 to law enforcement as may be vested in the Secretary of
17 State Department of Police.
18 Persons within the Secretary of State Department of Police
19who exercise these powers are conservators of the peace and
20have all the powers possessed by policemen in municipalities
21and sheriffs, and may exercise these powers anywhere in the
22State in cooperation with local law enforcement officials.
23These persons may use false or fictitious names in the
24performance of their duties under this Section, upon approval
25of the Director of Police-Secretary of State, and shall not be
26subject to prosecution under the criminal laws for that use.

SB1754- 101 -LRB102 14289 RLC 19641 b
1 (e) The Secretary of State Department of Police may
2charge, collect, and receive fees or moneys equivalent to the
3cost of providing its personnel, equipment, and services to
4governmental agencies when explicitly requested by a
5governmental agency and according to an intergovernmental
6agreement or memorandums of understanding as provided by this
7Section, including but not limited to fees or moneys
8equivalent to the cost of providing training to other
9governmental agencies on terms and conditions that in the
10judgment of the Director of Police-Secretary of State are in
11the best interest of the Secretary of State. All fees received
12by the Secretary of State Police Department under this Act
13shall be deposited in a special fund in the State Treasury to
14be known as the Secretary of State Police Services Fund. The
15money deposited in the Secretary of State Police Services Fund
16shall be appropriated to the Secretary of State Department of
17Police as provided for in subsection (g).
18 (f) The Secretary of State Department of Police may apply
19for grants or contracts and receive, expend, allocate, or
20disburse moneys made available by public or private entities,
21including, but not limited to, contracts, bequests, grants, or
22receiving equipment from corporations, foundations, or public
23or private institutions of higher learning.
24 (g) The Secretary of State Police Services Fund is hereby
25created as a special fund in the State Treasury. All moneys
26received under this Section by the Secretary of State

SB1754- 102 -LRB102 14289 RLC 19641 b
1Department of Police shall be deposited into the Secretary of
2State Police Services Fund to be appropriated to the Secretary
3of State Department of Police for purposes as indicated by the
4grantor or contractor or, in the case of moneys bequeathed or
5granted for no specific purpose, for any purpose as deemed
6appropriate by the Director of Police-Secretary of State in
7administering the responsibilities of the Secretary of State
8Department of Police.
9(Source: P.A. 100-931, eff. 8-17-18.)
10 Section 80. The Criminal Code of 2012 is amended by
11changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
1224-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
1324-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as
14follows:
15 (720 ILCS 5/2-7.1)
16 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
17"Firearm "Firearm" and "firearm ammunition" means any
18self-contained cartridge or shotgun shell, by whatever name
19known, which is designed to be used or adaptable to use in a
20firearm; excluding, however:
21 (1) any ammunition exclusively designed for use with a
22device used exclusively for signalling or safety and required
23or recommended by the United States Coast Guard or the
24Interstate Commerce Commission; and

SB1754- 103 -LRB102 14289 RLC 19641 b
1 (2) any ammunition designed exclusively for use with a
2stud or rivet driver or other similar industrial ammunition
3have the meanings ascribed to them in Section 1.1 of the
4Firearm Owners Identification Card Act.
5(Source: P.A. 91-544, eff. 1-1-00.)
6 (720 ILCS 5/2-7.5)
7 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
8specific Section, "firearm" means any device, by whatever name
9known, which is designed to expel a projectile or projectiles
10by the action of an explosion, expansion of gas or escape of
11gas; excluding, however:
12 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
13gun which expels a single globular projectile not exceeding
14.18 inch in diameter or which has a maximum muzzle velocity of
15less than 700 feet per second;
16 (1.1) any pneumatic gun, spring gun, paint ball gun, or
17B-B gun which expels breakable paint balls containing washable
18marking colors;
19 (2) any device used exclusively for signalling or safety
20and required or recommended by the United States Coast Guard
21or the Interstate Commerce Commission;
22 (3) any device used exclusively for the firing of stud
23cartridges, explosive rivets, or similar industrial
24ammunition; and
25 (4) an antique firearm (other than a machine-gun) which,

SB1754- 104 -LRB102 14289 RLC 19641 b
1although designed as a weapon, the Illinois State Police finds
2by reason of the date of its manufacture, value, design, and
3other characteristics is primarily a collector's item and is
4not likely to be used as a weapon has the meaning ascribed to
5it in Section 1.1 of the Firearm Owners Identification Card
6Act.
7(Source: P.A. 95-331, eff. 8-21-07.)
8 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
9 Sec. 12-3.05. Aggravated battery.
10 (a) Offense based on injury. A person commits aggravated
11battery when, in committing a battery, other than by the
12discharge of a firearm, he or she knowingly does any of the
13following:
14 (1) Causes great bodily harm or permanent disability
15 or disfigurement.
16 (2) Causes severe and permanent disability, great
17 bodily harm, or disfigurement by means of a caustic or
18 flammable substance, a poisonous gas, a deadly biological
19 or chemical contaminant or agent, a radioactive substance,
20 or a bomb or explosive compound.
21 (3) Causes great bodily harm or permanent disability
22 or disfigurement to an individual whom the person knows to
23 be a peace officer, community policing volunteer, fireman,
24 private security officer, correctional institution
25 employee, or Department of Human Services employee

SB1754- 105 -LRB102 14289 RLC 19641 b
1 supervising or controlling sexually dangerous persons or
2 sexually violent persons:
3 (i) performing his or her official duties;
4 (ii) battered to prevent performance of his or her
5 official duties; or
6 (iii) battered in retaliation for performing his
7 or her official duties.
8 (4) Causes great bodily harm or permanent disability
9 or disfigurement to an individual 60 years of age or
10 older.
11 (5) Strangles another individual.
12 (b) Offense based on injury to a child or person with an
13intellectual disability. A person who is at least 18 years of
14age commits aggravated battery when, in committing a battery,
15he or she knowingly and without legal justification by any
16means:
17 (1) causes great bodily harm or permanent disability
18 or disfigurement to any child under the age of 13 years, or
19 to any person with a severe or profound intellectual
20 disability; or
21 (2) causes bodily harm or disability or disfigurement
22 to any child under the age of 13 years or to any person
23 with a severe or profound intellectual disability.
24 (c) Offense based on location of conduct. A person commits
25aggravated battery when, in committing a battery, other than
26by the discharge of a firearm, he or she is or the person

SB1754- 106 -LRB102 14289 RLC 19641 b
1battered is on or about a public way, public property, a public
2place of accommodation or amusement, a sports venue, or a
3domestic violence shelter, or in a church, synagogue, mosque,
4or other building, structure, or place used for religious
5worship.
6 (d) Offense based on status of victim. A person commits
7aggravated battery when, in committing a battery, other than
8by discharge of a firearm, he or she knows the individual
9battered to be any of the following:
10 (1) A person 60 years of age or older.
11 (2) A person who is pregnant or has a physical
12 disability.
13 (3) A teacher or school employee upon school grounds
14 or grounds adjacent to a school or in any part of a
15 building used for school purposes.
16 (4) A peace officer, community policing volunteer,
17 fireman, private security officer, correctional
18 institution employee, or Department of Human Services
19 employee supervising or controlling sexually dangerous
20 persons or sexually violent persons:
21 (i) performing his or her official duties;
22 (ii) battered to prevent performance of his or her
23 official duties; or
24 (iii) battered in retaliation for performing his
25 or her official duties.
26 (5) A judge, emergency management worker, emergency

SB1754- 107 -LRB102 14289 RLC 19641 b
1 medical services personnel, or utility worker:
2 (i) performing his or her official duties;
3 (ii) battered to prevent performance of his or her
4 official duties; or
5 (iii) battered in retaliation for performing his
6 or her official duties.
7 (6) An officer or employee of the State of Illinois, a
8 unit of local government, or a school district, while
9 performing his or her official duties.
10 (7) A transit employee performing his or her official
11 duties, or a transit passenger.
12 (8) A taxi driver on duty.
13 (9) A merchant who detains the person for an alleged
14 commission of retail theft under Section 16-26 of this
15 Code and the person without legal justification by any
16 means causes bodily harm to the merchant.
17 (10) A person authorized to serve process under
18 Section 2-202 of the Code of Civil Procedure or a special
19 process server appointed by the circuit court while that
20 individual is in the performance of his or her duties as a
21 process server.
22 (11) A nurse while in the performance of his or her
23 duties as a nurse.
24 (12) A merchant: (i) while performing his or her
25 duties, including, but not limited to, relaying directions
26 for healthcare or safety from his or her supervisor or

SB1754- 108 -LRB102 14289 RLC 19641 b
1 employer or relaying health or safety guidelines,
2 recommendations, regulations, or rules from a federal,
3 State, or local public health agency; and (ii) during a
4 disaster declared by the Governor, or a state of emergency
5 declared by the mayor of the municipality in which the
6 merchant is located, due to a public health emergency and
7 for a period of 6 months after such declaration.
8 (e) Offense based on use of a firearm. A person commits
9aggravated battery when, in committing a battery, he or she
10knowingly does any of the following:
11 (1) Discharges a firearm, other than a machine gun or
12 a firearm equipped with a silencer, and causes any injury
13 to another person.
14 (2) Discharges a firearm, other than a machine gun or
15 a firearm equipped with a silencer, and causes any injury
16 to a person he or she knows to be a peace officer,
17 community policing volunteer, person summoned by a police
18 officer, fireman, private security officer, correctional
19 institution employee, or emergency management worker:
20 (i) performing his or her official duties;
21 (ii) battered to prevent performance of his or her
22 official duties; or
23 (iii) battered in retaliation for performing his
24 or her official duties.
25 (3) Discharges a firearm, other than a machine gun or
26 a firearm equipped with a silencer, and causes any injury

SB1754- 109 -LRB102 14289 RLC 19641 b
1 to a person he or she knows to be emergency medical
2 services personnel:
3 (i) performing his or her official duties;
4 (ii) battered to prevent performance of his or her
5 official duties; or
6 (iii) battered in retaliation for performing his
7 or her official duties.
8 (4) Discharges a firearm and causes any injury to a
9 person he or she knows to be a teacher, a student in a
10 school, or a school employee, and the teacher, student, or
11 employee is upon school grounds or grounds adjacent to a
12 school or in any part of a building used for school
13 purposes.
14 (5) Discharges a machine gun or a firearm equipped
15 with a silencer, and causes any injury to another person.
16 (6) Discharges a machine gun or a firearm equipped
17 with a silencer, and causes any injury to a person he or
18 she knows to be a peace officer, community policing
19 volunteer, person summoned by a police officer, fireman,
20 private security officer, correctional institution
21 employee or emergency management worker:
22 (i) performing his or her official duties;
23 (ii) battered to prevent performance of his or her
24 official duties; or
25 (iii) battered in retaliation for performing his
26 or her official duties.

SB1754- 110 -LRB102 14289 RLC 19641 b
1 (7) Discharges a machine gun or a firearm equipped
2 with a silencer, and causes any injury to a person he or
3 she knows to be emergency medical services personnel:
4 (i) performing his or her official duties;
5 (ii) battered to prevent performance of his or her
6 official duties; or
7 (iii) battered in retaliation for performing his
8 or her official duties.
9 (8) Discharges a machine gun or a firearm equipped
10 with a silencer, and causes any injury to a person he or
11 she knows to be a teacher, or a student in a school, or a
12 school employee, and the teacher, student, or employee is
13 upon school grounds or grounds adjacent to a school or in
14 any part of a building used for school purposes.
15 (f) Offense based on use of a weapon or device. A person
16commits aggravated battery when, in committing a battery, he
17or she does any of the following:
18 (1) Uses a deadly weapon other than by discharge of a
19 firearm, or uses an air rifle as defined in Section
20 24.8-0.1 of this Code.
21 (2) Wears a hood, robe, or mask to conceal his or her
22 identity.
23 (3) Knowingly and without lawful justification shines
24 or flashes a laser gunsight or other laser device attached
25 to a firearm, or used in concert with a firearm, so that
26 the laser beam strikes upon or against the person of

SB1754- 111 -LRB102 14289 RLC 19641 b
1 another.
2 (4) Knowingly video or audio records the offense with
3 the intent to disseminate the recording.
4 (g) Offense based on certain conduct. A person commits
5aggravated battery when, other than by discharge of a firearm,
6he or she does any of the following:
7 (1) Violates Section 401 of the Illinois Controlled
8 Substances Act by unlawfully delivering a controlled
9 substance to another and any user experiences great bodily
10 harm or permanent disability as a result of the injection,
11 inhalation, or ingestion of any amount of the controlled
12 substance.
13 (2) Knowingly administers to an individual or causes
14 him or her to take, without his or her consent or by threat
15 or deception, and for other than medical purposes, any
16 intoxicating, poisonous, stupefying, narcotic,
17 anesthetic, or controlled substance, or gives to another
18 person any food containing any substance or object
19 intended to cause physical injury if eaten.
20 (3) Knowingly causes or attempts to cause a
21 correctional institution employee or Department of Human
22 Services employee to come into contact with blood, seminal
23 fluid, urine, or feces by throwing, tossing, or expelling
24 the fluid or material, and the person is an inmate of a
25 penal institution or is a sexually dangerous person or
26 sexually violent person in the custody of the Department

SB1754- 112 -LRB102 14289 RLC 19641 b
1 of Human Services.
2 (h) Sentence. Unless otherwise provided, aggravated
3battery is a Class 3 felony.
4 Aggravated battery as defined in subdivision (a)(4),
5(d)(4), or (g)(3) is a Class 2 felony.
6 Aggravated battery as defined in subdivision (a)(3) or
7(g)(1) is a Class 1 felony.
8 Aggravated battery as defined in subdivision (a)(1) is a
9Class 1 felony when the aggravated battery was intentional and
10involved the infliction of torture, as defined in paragraph
11(14) of subsection (b) of Section 9-1 of this Code, as the
12infliction of or subjection to extreme physical pain,
13motivated by an intent to increase or prolong the pain,
14suffering, or agony of the victim.
15 Aggravated battery as defined in subdivision (a)(1) is a
16Class 2 felony when the person causes great bodily harm or
17permanent disability to an individual whom the person knows to
18be a member of a congregation engaged in prayer or other
19religious activities at a church, synagogue, mosque, or other
20building, structure, or place used for religious worship.
21 Aggravated battery under subdivision (a)(5) is a Class 1
22felony if:
23 (A) the person used or attempted to use a dangerous
24 instrument while committing the offense;
25 (B) the person caused great bodily harm or permanent
26 disability or disfigurement to the other person while

SB1754- 113 -LRB102 14289 RLC 19641 b
1 committing the offense; or
2 (C) the person has been previously convicted of a
3 violation of subdivision (a)(5) under the laws of this
4 State or laws similar to subdivision (a)(5) of any other
5 state.
6 Aggravated battery as defined in subdivision (e)(1) is a
7Class X felony.
8 Aggravated battery as defined in subdivision (a)(2) is a
9Class X felony for which a person shall be sentenced to a term
10of imprisonment of a minimum of 6 years and a maximum of 45
11years.
12 Aggravated battery as defined in subdivision (e)(5) is a
13Class X felony for which a person shall be sentenced to a term
14of imprisonment of a minimum of 12 years and a maximum of 45
15years.
16 Aggravated battery as defined in subdivision (e)(2),
17(e)(3), or (e)(4) is a Class X felony for which a person shall
18be sentenced to a term of imprisonment of a minimum of 15 years
19and a maximum of 60 years.
20 Aggravated battery as defined in subdivision (e)(6),
21(e)(7), or (e)(8) is a Class X felony for which a person shall
22be sentenced to a term of imprisonment of a minimum of 20 years
23and a maximum of 60 years.
24 Aggravated battery as defined in subdivision (b)(1) is a
25Class X felony, except that:
26 (1) if the person committed the offense while armed

SB1754- 114 -LRB102 14289 RLC 19641 b
1 with a firearm, 15 years shall be added to the term of
2 imprisonment imposed by the court;
3 (2) if, during the commission of the offense, the
4 person personally discharged a firearm, 20 years shall be
5 added to the term of imprisonment imposed by the court;
6 (3) if, during the commission of the offense, the
7 person personally discharged a firearm that proximately
8 caused great bodily harm, permanent disability, permanent
9 disfigurement, or death to another person, 25 years or up
10 to a term of natural life shall be added to the term of
11 imprisonment imposed by the court.
12 (i) Definitions. In this Section:
13 "Building or other structure used to provide shelter" has
14the meaning ascribed to "shelter" in Section 1 of the Domestic
15Violence Shelters Act.
16 "Domestic violence" has the meaning ascribed to it in
17Section 103 of the Illinois Domestic Violence Act of 1986.
18 "Domestic violence shelter" means any building or other
19structure used to provide shelter or other services to victims
20or to the dependent children of victims of domestic violence
21pursuant to the Illinois Domestic Violence Act of 1986 or the
22Domestic Violence Shelters Act, or any place within 500 feet
23of such a building or other structure in the case of a person
24who is going to or from such a building or other structure.
25 "Firearm" has the meaning provided under Section 2-7.5 of
26this Code 1.1 of the Firearm Owners Identification Card Act,

SB1754- 115 -LRB102 14289 RLC 19641 b
1and does not include an air rifle as defined by Section
224.8-0.1 of this Code.
3 "Machine gun" has the meaning ascribed to it in Section
424-1 of this Code.
5 "Merchant" has the meaning ascribed to it in Section
616-0.1 of this Code.
7 "Strangle" means intentionally impeding the normal
8breathing or circulation of the blood of an individual by
9applying pressure on the throat or neck of that individual or
10by blocking the nose or mouth of that individual.
11(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
12 (720 ILCS 5/16-0.1)
13 Sec. 16-0.1. Definitions. In this Article, unless the
14context clearly requires otherwise, the following terms are
15defined as indicated:
16 "Access" means to use, instruct, communicate with, store
17data in, retrieve or intercept data from, or otherwise utilize
18any services of a computer.
19 "Coin-operated machine" includes any automatic vending
20machine or any part thereof, parking meter, coin telephone,
21coin-operated transit turnstile, transit fare box, coin
22laundry machine, coin dry cleaning machine, amusement machine,
23music machine, vending machine dispensing goods or services,
24or money changer.
25 "Communication device" means any type of instrument,

SB1754- 116 -LRB102 14289 RLC 19641 b
1device, machine, or equipment which is capable of
2transmitting, acquiring, decrypting, or receiving any
3telephonic, electronic, data, Internet access, audio, video,
4microwave, or radio transmissions, signals, communications, or
5services, including the receipt, acquisition, transmission, or
6decryption of all such communications, transmissions, signals,
7or services provided by or through any cable television, fiber
8optic, telephone, satellite, microwave, radio, Internet-based,
9data transmission, or wireless distribution network, system or
10facility; or any part, accessory, or component thereof,
11including any computer circuit, security module, smart card,
12software, computer chip, electronic mechanism or other
13component, accessory or part of any communication device which
14is capable of facilitating the transmission, decryption,
15acquisition or reception of all such communications,
16transmissions, signals, or services.
17 "Communication service" means any service lawfully
18provided for a charge or compensation to facilitate the lawful
19origination, transmission, emission, or reception of signs,
20signals, data, writings, images, and sounds or intelligence of
21any nature by telephone, including cellular telephones or a
22wire, wireless, radio, electromagnetic, photo-electronic or
23photo-optical system; and also any service lawfully provided
24by any radio, telephone, cable television, fiber optic,
25satellite, microwave, Internet-based or wireless distribution
26network, system, facility or technology, including, but not

SB1754- 117 -LRB102 14289 RLC 19641 b
1limited to, any and all electronic, data, video, audio,
2Internet access, telephonic, microwave and radio
3communications, transmissions, signals and services, and any
4such communications, transmissions, signals and services
5lawfully provided directly or indirectly by or through any of
6those networks, systems, facilities or technologies.
7 "Communication service provider" means: (1) any person or
8entity providing any communication service, whether directly
9or indirectly, as a reseller, including, but not limited to, a
10cellular, paging or other wireless communications company or
11other person or entity which, for a fee, supplies the
12facility, cell site, mobile telephone switching office or
13other equipment or communication service; (2) any person or
14entity owning or operating any cable television, fiber optic,
15satellite, telephone, wireless, microwave, radio, data
16transmission or Internet-based distribution network, system or
17facility; and (3) any person or entity providing any
18communication service directly or indirectly by or through any
19such distribution system, network or facility.
20 "Computer" means a device that accepts, processes, stores,
21retrieves or outputs data, and includes but is not limited to
22auxiliary storage and telecommunications devices connected to
23computers.
24 "Continuing course of conduct" means a series of acts, and
25the accompanying mental state necessary for the crime in
26question, irrespective of whether the series of acts are

SB1754- 118 -LRB102 14289 RLC 19641 b
1continuous or intermittent.
2 "Delivery container" means any bakery basket of wire or
3plastic used to transport or store bread or bakery products,
4any dairy case of wire or plastic used to transport or store
5dairy products, and any dolly or cart of 2 or 4 wheels used to
6transport or store any bakery or dairy product.
7 "Document-making implement" means any implement,
8impression, template, computer file, computer disc, electronic
9device, computer hardware, computer software, instrument, or
10device that is used to make a real or fictitious or fraudulent
11personal identification document.
12 "Financial transaction device" means any of the following:
13 (1) An electronic funds transfer card.
14 (2) A credit card.
15 (3) A debit card.
16 (4) A point-of-sale card.
17 (5) Any instrument, device, card, plate, code, account
18 number, personal identification number, or a record or
19 copy of a code, account number, or personal identification
20 number or other means of access to a credit account or
21 deposit account, or a driver's license or State
22 identification card used to access a proprietary account,
23 other than access originated solely by a paper instrument,
24 that can be used alone or in conjunction with another
25 access device, for any of the following purposes:
26 (A) Obtaining money, cash refund or credit

SB1754- 119 -LRB102 14289 RLC 19641 b
1 account, credit, goods, services, or any other thing
2 of value.
3 (B) Certifying or guaranteeing to a person or
4 business the availability to the device holder of
5 funds on deposit to honor a draft or check payable to
6 the order of that person or business.
7 (C) Providing the device holder access to a
8 deposit account for the purpose of making deposits,
9 withdrawing funds, transferring funds between deposit
10 accounts, obtaining information pertaining to a
11 deposit account, or making an electronic funds
12 transfer.
13 "Full retail value" means the merchant's stated or
14advertised price of the merchandise. "Full retail value"
15includes the aggregate value of property obtained from retail
16thefts committed by the same person as part of a continuing
17course of conduct from one or more mercantile establishments
18in a single transaction or in separate transactions over a
19period of one year.
20 "Internet" means an interactive computer service or system
21or an information service, system, or access software provider
22that provides or enables computer access by multiple users to
23a computer server, and includes, but is not limited to, an
24information service, system, or access software provider that
25provides access to a network system commonly known as the
26Internet, or any comparable system or service and also

SB1754- 120 -LRB102 14289 RLC 19641 b
1includes, but is not limited to, a World Wide Web page,
2newsgroup, message board, mailing list, or chat area on any
3interactive computer service or system or other online
4service.
5 "Library card" means a card or plate issued by a library
6facility for purposes of identifying the person to whom the
7library card was issued as authorized to borrow library
8material, subject to all limitations and conditions imposed on
9the borrowing by the library facility issuing such card.
10 "Library facility" includes any public library or museum,
11or any library or museum of an educational, historical or
12eleemosynary institution, organization or society.
13 "Library material" includes any book, plate, picture,
14photograph, engraving, painting, sculpture, statue, artifact,
15drawing, map, newspaper, pamphlet, broadside, magazine,
16manuscript, document, letter, microfilm, sound recording,
17audiovisual material, magnetic or other tape, electronic data
18processing record or other documentary, written or printed
19material regardless of physical form or characteristics, or
20any part thereof, belonging to, or on loan to or otherwise in
21the custody of a library facility.
22 "Manufacture or assembly of an unlawful access device"
23means to make, produce or assemble an unlawful access device
24or to modify, alter, program or re-program any instrument,
25device, machine, equipment or software so that it is capable
26of defeating or circumventing any technology, device or

SB1754- 121 -LRB102 14289 RLC 19641 b
1software used by the provider, owner or licensee of a
2communication service or of any data, audio or video programs
3or transmissions to protect any such communication, data,
4audio or video services, programs or transmissions from
5unauthorized access, acquisition, disclosure, receipt,
6decryption, communication, transmission or re-transmission.
7 "Manufacture or assembly of an unlawful communication
8device" means to make, produce or assemble an unlawful
9communication or wireless device or to modify, alter, program
10or reprogram a communication or wireless device to be capable
11of acquiring, disrupting, receiving, transmitting, decrypting,
12or facilitating the acquisition, disruption, receipt,
13transmission or decryption of, a communication service without
14the express consent or express authorization of the
15communication service provider, or to knowingly assist others
16in those activities.
17 "Master sound recording" means the original physical
18object on which a given set of sounds were first recorded and
19which the original object from which all subsequent sound
20recordings embodying the same set of sounds are directly or
21indirectly derived.
22 "Merchandise" means any item of tangible personal
23property, including motor fuel.
24 "Merchant" means an owner or operator of any retail
25mercantile establishment or any agent, employee, lessee,
26consignee, officer, director, franchisee, or independent

SB1754- 122 -LRB102 14289 RLC 19641 b
1contractor of the owner or operator. "Merchant" also means a
2person who receives from an authorized user of a payment card,
3or someone the person believes to be an authorized user, a
4payment card or information from a payment card, or what the
5person believes to be a payment card or information from a
6payment card, as the instrument for obtaining, purchasing or
7receiving goods, services, money, or anything else of value
8from the person.
9 "Motor fuel" means a liquid, regardless of its properties,
10used to propel a vehicle, including gasoline and diesel.
11 "Online" means the use of any electronic or wireless
12device to access the Internet.
13 "Payment card" means a credit card, charge card, debit
14card, or any other card that is issued to an authorized card
15user and that allows the user to obtain, purchase, or receive
16goods, services, money, or anything else of value from a
17merchant.
18 "Person with a disability" means a person who suffers from
19a physical or mental impairment resulting from disease,
20injury, functional disorder or congenital condition that
21impairs the individual's mental or physical ability to
22independently manage his or her property or financial
23resources, or both.
24 "Personal identification document" means a birth
25certificate, a driver's license, a State identification card,
26a public, government, or private employment identification

SB1754- 123 -LRB102 14289 RLC 19641 b
1card, a social security card, a license issued under the
2Firearm Concealed Carry Act firearm owner's identification
3card, a credit card, a debit card, or a passport issued to or
4on behalf of a person other than the offender, or any document
5made or issued, or falsely purported to have been made or
6issued, by or under the authority of the United States
7Government, the State of Illinois, or any other state
8political subdivision of any state, or any other governmental
9or quasi-governmental organization that is of a type intended
10for the purpose of identification of an individual, or any
11such document made or altered in a manner that it falsely
12purports to have been made on behalf of or issued to another
13person or by the authority of one who did not give that
14authority.
15 "Personal identifying information" means any of the
16following information:
17 (1) A person's name.
18 (2) A person's address.
19 (3) A person's date of birth.
20 (4) A person's telephone number.
21 (5) A person's driver's license number or State of
22 Illinois identification card as assigned by the Secretary
23 of State of the State of Illinois or a similar agency of
24 another state.
25 (6) A person's social security number.
26 (7) A person's public, private, or government

SB1754- 124 -LRB102 14289 RLC 19641 b
1 employer, place of employment, or employment
2 identification number.
3 (8) The maiden name of a person's mother.
4 (9) The number assigned to a person's depository
5 account, savings account, or brokerage account.
6 (10) The number assigned to a person's credit or debit
7 card, commonly known as a "Visa Card", "MasterCard",
8 "American Express Card", "Discover Card", or other similar
9 cards whether issued by a financial institution,
10 corporation, or business entity.
11 (11) Personal identification numbers.
12 (12) Electronic identification numbers.
13 (13) Digital signals.
14 (14) User names, passwords, and any other word,
15 number, character or combination of the same usable in
16 whole or part to access information relating to a specific
17 individual, or to the actions taken, communications made
18 or received, or other activities or transactions of a
19 specific individual.
20 (15) Any other numbers or information which can be
21 used to access a person's financial resources, or to
22 identify a specific individual, or the actions taken,
23 communications made or received, or other activities or
24 transactions of a specific individual.
25 "Premises of a retail mercantile establishment" includes,
26but is not limited to, the retail mercantile establishment;

SB1754- 125 -LRB102 14289 RLC 19641 b
1any common use areas in shopping centers; and all parking
2areas set aside by a merchant or on behalf of a merchant for
3the parking of vehicles for the convenience of the patrons of
4such retail mercantile establishment.
5 "Public water, gas, or power supply, or other public
6services" mean any service subject to regulation by the
7Illinois Commerce Commission; any service furnished by a
8public utility that is owned and operated by any political
9subdivision, public institution of higher education or
10municipal corporation of this State; any service furnished by
11any public utility that is owned by such political
12subdivision, public institution of higher education, or
13municipal corporation and operated by any of its lessees or
14operating agents; any service furnished by an electric
15cooperative as defined in Section 3.4 of the Electric Supplier
16Act; or wireless service or other service regulated by the
17Federal Communications Commission.
18 "Publish" means to communicate or disseminate information
19to any one or more persons, either orally, in person, or by
20telephone, radio or television or in writing of any kind,
21including, without limitation, a letter or memorandum,
22circular or handbill, newspaper or magazine article or book.
23 "Radio frequency identification device" means any
24implement, computer file, computer disc, electronic device,
25computer hardware, computer software, or instrument that is
26used to activate, read, receive, or decode information stored

SB1754- 126 -LRB102 14289 RLC 19641 b
1on a RFID tag or transponder attached to a personal
2identification document.
3 "RFID tag or transponder" means a chip or device that
4contains personal identifying information from which the
5personal identifying information can be read or decoded by
6another device emitting a radio frequency that activates or
7powers a radio frequency emission response from the chip or
8transponder.
9 "Reencoder" means an electronic device that places encoded
10information from the magnetic strip or stripe of a payment
11card onto the magnetic strip or stripe of a different payment
12card.
13 "Retail mercantile establishment" means any place where
14merchandise is displayed, held, stored or offered for sale to
15the public.
16 "Scanning device" means a scanner, reader, or any other
17electronic device that is used to access, read, scan, obtain,
18memorize, or store, temporarily or permanently, information
19encoded on the magnetic strip or stripe of a payment card.
20 "Shopping cart" means those push carts of the type or
21types which are commonly provided by grocery stores, drug
22stores or other retail mercantile establishments for the use
23of the public in transporting commodities in stores and
24markets and, incidentally, from the stores to a place outside
25the store.
26 "Sound or audio visual recording" means any sound or audio

SB1754- 127 -LRB102 14289 RLC 19641 b
1visual phonograph record, disc, pre-recorded tape, film, wire,
2magnetic tape or other object, device or medium, now known or
3hereafter invented, by which sounds or images may be
4reproduced with or without the use of any additional machine,
5equipment or device.
6 "Theft detection device remover" means any tool or device
7specifically designed and intended to be used to remove any
8theft detection device from any merchandise.
9 "Under-ring" means to cause the cash register or other
10sales recording device to reflect less than the full retail
11value of the merchandise.
12 "Unidentified sound or audio visual recording" means a
13sound or audio visual recording without the actual name and
14full and correct street address of the manufacturer, and the
15name of the actual performers or groups prominently and
16legibly printed on the outside cover or jacket and on the label
17of such sound or audio visual recording.
18 "Unlawful access device" means any type of instrument,
19device, machine, equipment, technology, or software which is
20primarily possessed, used, designed, assembled, manufactured,
21sold, distributed or offered, promoted or advertised for the
22purpose of defeating or circumventing any technology, device
23or software, or any component or part thereof, used by the
24provider, owner or licensee of any communication service or of
25any data, audio or video programs or transmissions to protect
26any such communication, audio or video services, programs or

SB1754- 128 -LRB102 14289 RLC 19641 b
1transmissions from unauthorized access, acquisition, receipt,
2decryption, disclosure, communication, transmission or
3re-transmission.
4 "Unlawful communication device" means any electronic
5serial number, mobile identification number, personal
6identification number or any communication or wireless device
7that is capable of acquiring or facilitating the acquisition
8of a communication service without the express consent or
9express authorization of the communication service provider,
10or that has been altered, modified, programmed or
11reprogrammed, alone or in conjunction with another
12communication or wireless device or other equipment, to so
13acquire or facilitate the unauthorized acquisition of a
14communication service. "Unlawful communication device" also
15means:
16 (1) any phone altered to obtain service without the
17 express consent or express authorization of the
18 communication service provider, tumbler phone, counterfeit
19 or clone phone, tumbler microchip, counterfeit or clone
20 microchip, scanning receiver of wireless communication
21 service or other instrument capable of disguising its
22 identity or location or of gaining unauthorized access to
23 a communications or wireless system operated by a
24 communication service provider; and
25 (2) any communication or wireless device which is
26 capable of, or has been altered, designed, modified,

SB1754- 129 -LRB102 14289 RLC 19641 b
1 programmed or reprogrammed, alone or in conjunction with
2 another communication or wireless device or devices, so as
3 to be capable of, facilitating the disruption,
4 acquisition, receipt, transmission or decryption of a
5 communication service without the express consent or
6 express authorization of the communication service
7 provider, including, but not limited to, any device,
8 technology, product, service, equipment, computer software
9 or component or part thereof, primarily distributed, sold,
10 designed, assembled, manufactured, modified, programmed,
11 reprogrammed or used for the purpose of providing the
12 unauthorized receipt of, transmission of, disruption of,
13 decryption of, access to or acquisition of any
14 communication service provided by any communication
15 service provider.
16 "Vehicle" means a motor vehicle, motorcycle, or farm
17implement that is self-propelled and that uses motor fuel for
18propulsion.
19 "Wireless device" includes any type of instrument, device,
20machine, or equipment that is capable of transmitting or
21receiving telephonic, electronic or radio communications, or
22any part of such instrument, device, machine, or equipment, or
23any computer circuit, computer chip, electronic mechanism, or
24other component that is capable of facilitating the
25transmission or reception of telephonic, electronic, or radio
26communications.

SB1754- 130 -LRB102 14289 RLC 19641 b
1(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
21-1-12; 97-1109, eff. 1-1-13.)
3 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
4 Sec. 17-30. Defaced, altered, or removed manufacturer or
5owner identification number.
6 (a) Unlawful sale of household appliances. A person
7commits unlawful sale of household appliances when he or she
8knowingly, with the intent to defraud or deceive another,
9keeps for sale, within any commercial context, any household
10appliance with a missing, defaced, obliterated, or otherwise
11altered manufacturer's identification number.
12 (b) Construction equipment identification defacement. A
13person commits construction equipment identification
14defacement when he or she knowingly changes, alters, removes,
15mutilates, or obliterates a permanently affixed serial number,
16product identification number, part number, component
17identification number, owner-applied identification, or other
18mark of identification attached to or stamped, inscribed,
19molded, or etched into a machine or other equipment, whether
20stationary or mobile or self-propelled, or a part of such
21machine or equipment, used in the construction, maintenance,
22or demolition of buildings, structures, bridges, tunnels,
23sewers, utility pipes or lines, ditches or open cuts, roads,
24highways, dams, airports, or waterways or in material handling
25for such projects.

SB1754- 131 -LRB102 14289 RLC 19641 b
1 The trier of fact may infer that the defendant has
2knowingly changed, altered, removed, or obliterated the serial
3number, product identification number, part number, component
4identification number, owner-applied identification number, or
5other mark of identification, if the defendant was in
6possession of any machine or other equipment or a part of such
7machine or equipment used in the construction, maintenance, or
8demolition of buildings, structures, bridges, tunnels, sewers,
9utility pipes or lines, ditches or open cuts, roads, highways,
10dams, airports, or waterways or in material handling for such
11projects upon which any such serial number, product
12identification number, part number, component identification
13number, owner-applied identification number, or other mark of
14identification has been changed, altered, removed, or
15obliterated.
16 (c) Defacement of manufacturer's serial number or
17identification mark. A person commits defacement of a
18manufacturer's serial number or identification mark when he or
19she knowingly removes, alters, defaces, covers, or destroys
20the manufacturer's serial number or any other manufacturer's
21number or distinguishing identification mark upon any machine
22or other article of merchandise, other than a motor vehicle as
23defined in Section 1-146 of the Illinois Vehicle Code or a
24firearm as defined in the Firearm Owners Identification Card
25Act, with the intent of concealing or destroying the identity
26of such machine or other article of merchandise.

SB1754- 132 -LRB102 14289 RLC 19641 b
1 (d) Sentence.
2 (1) A violation of subsection (a) of this Section is a
3 Class 4 felony if the value of the appliance or appliances
4 exceeds $1,000 and a Class B misdemeanor if the value of
5 the appliance or appliances is $1,000 or less.
6 (2) A violation of subsection (b) of this Section is a
7 Class A misdemeanor.
8 (3) A violation of subsection (c) of this Section is a
9 Class B misdemeanor.
10 (e) No liability shall be imposed upon any person for the
11unintentional failure to comply with subsection (a).
12 (f) Definitions. In this Section:
13 "Commercial context" means a continuing business
14enterprise conducted for profit by any person whose primary
15business is the wholesale or retail marketing of household
16appliances, or a significant portion of whose business or
17inventory consists of household appliances kept or sold on a
18wholesale or retail basis.
19 "Household appliance" means any gas or electric device or
20machine marketed for use as home entertainment or for
21facilitating or expediting household tasks or chores. The term
22shall include but not necessarily be limited to refrigerators,
23freezers, ranges, radios, television sets, vacuum cleaners,
24toasters, dishwashers, and other similar household items.
25 "Manufacturer's identification number" means any serial
26number or other similar numerical or alphabetical designation

SB1754- 133 -LRB102 14289 RLC 19641 b
1imprinted upon or attached to or placed, stamped, or otherwise
2imprinted upon or attached to a household appliance or item by
3the manufacturer for purposes of identifying a particular
4appliance or item individually or by lot number.
5(Source: P.A. 96-1551, eff. 7-1-11.)
6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
7 Sec. 24-1. Unlawful use of weapons.
8 (a) A person commits the offense of unlawful use of
9weapons when he knowingly:
10 (1) Sells, manufactures, purchases, possesses or
11 carries any bludgeon, black-jack, slung-shot, sand-club,
12 sand-bag, metal knuckles or other knuckle weapon
13 regardless of its composition, throwing star, or any
14 knife, commonly referred to as a switchblade knife, which
15 has a blade that opens automatically by hand pressure
16 applied to a button, spring or other device in the handle
17 of the knife, or a ballistic knife, which is a device that
18 propels a knifelike blade as a projectile by means of a
19 coil spring, elastic material or compressed gas; or
20 (2) Carries or possesses with intent to use the same
21 unlawfully against another, a dagger, dirk, billy,
22 dangerous knife, razor, stiletto, broken bottle or other
23 piece of glass, stun gun or taser or any other dangerous or
24 deadly weapon or instrument of like character; or
25 (2.5) Carries or possesses with intent to use the same

SB1754- 134 -LRB102 14289 RLC 19641 b
1 unlawfully against another, any firearm in a church,
2 synagogue, mosque, or other building, structure, or place
3 used for religious worship; or
4 (3) Carries on or about his person or in any vehicle, a
5 tear gas gun projector or bomb or any object containing
6 noxious liquid gas or substance, other than an object
7 containing a non-lethal noxious liquid gas or substance
8 designed solely for personal defense carried by a person
9 18 years of age or older; or
10 (4) Carries or possesses in any vehicle or concealed
11 on or about his person except when on his land or in his
12 own abode, legal dwelling, or fixed place of business, or
13 on the land or in the legal dwelling of another person as
14 an invitee with that person's permission, any pistol,
15 revolver, stun gun or taser or other firearm, except that
16 this subsection (a) (4) does not apply to or affect
17 transportation of weapons that meet one of the following
18 conditions:
19 (i) are broken down in a non-functioning state; or
20 (ii) are not immediately accessible; or
21 (iii) are unloaded and enclosed in a case, firearm
22 carrying box, shipping box, or other container by a
23 person eligible under State and federal law to possess
24 a firearm who has been issued a currently valid
25 Firearm Owner's Identification Card; or
26 (iv) are carried or possessed in accordance with

SB1754- 135 -LRB102 14289 RLC 19641 b
1 the Firearm Concealed Carry Act by a person who has
2 been issued a currently valid license under the
3 Firearm Concealed Carry Act; or
4 (5) Sets a spring gun; or
5 (6) Possesses any device or attachment of any kind
6 designed, used or intended for use in silencing the report
7 of any firearm; or
8 (7) Sells, manufactures, purchases, possesses or
9 carries:
10 (i) a machine gun, which shall be defined for the
11 purposes of this subsection as any weapon, which
12 shoots, is designed to shoot, or can be readily
13 restored to shoot, automatically more than one shot
14 without manually reloading by a single function of the
15 trigger, including the frame or receiver of any such
16 weapon, or sells, manufactures, purchases, possesses,
17 or carries any combination of parts designed or
18 intended for use in converting any weapon into a
19 machine gun, or any combination or parts from which a
20 machine gun can be assembled if such parts are in the
21 possession or under the control of a person;
22 (ii) any rifle having one or more barrels less
23 than 16 inches in length or a shotgun having one or
24 more barrels less than 18 inches in length or any
25 weapon made from a rifle or shotgun, whether by
26 alteration, modification, or otherwise, if such a

SB1754- 136 -LRB102 14289 RLC 19641 b
1 weapon as modified has an overall length of less than
2 26 inches; or
3 (iii) any bomb, bomb-shell, grenade, bottle or
4 other container containing an explosive substance of
5 over one-quarter ounce for like purposes, such as, but
6 not limited to, black powder bombs and Molotov
7 cocktails or artillery projectiles; or
8 (8) Carries or possesses any firearm, stun gun or
9 taser or other deadly weapon in any place which is
10 licensed to sell intoxicating beverages, or at any public
11 gathering held pursuant to a license issued by any
12 governmental body or any public gathering at which an
13 admission is charged, excluding a place where a showing,
14 demonstration or lecture involving the exhibition of
15 unloaded firearms is conducted.
16 This subsection (a)(8) does not apply to any auction
17 or raffle of a firearm held pursuant to a license or permit
18 issued by a governmental body, nor does it apply to
19 persons engaged in firearm safety training courses; or
20 (9) Carries or possesses in a vehicle or on or about
21 his or her person any pistol, revolver, stun gun or taser
22 or firearm or ballistic knife, when he or she is hooded,
23 robed or masked in such manner as to conceal his or her
24 identity; or
25 (10) Carries or possesses on or about his or her
26 person, upon any public street, alley, or other public

SB1754- 137 -LRB102 14289 RLC 19641 b
1 lands within the corporate limits of a city, village, or
2 incorporated town, except when an invitee thereon or
3 therein, for the purpose of the display of such weapon or
4 the lawful commerce in weapons, or except when on his land
5 or in his or her own abode, legal dwelling, or fixed place
6 of business, or on the land or in the legal dwelling of
7 another person as an invitee with that person's
8 permission, any pistol, revolver, stun gun, or taser or
9 other firearm, except that this subsection (a) (10) does
10 not apply to or affect transportation of weapons that meet
11 one of the following conditions:
12 (i) are broken down in a non-functioning state; or
13 (ii) are not immediately accessible; or
14 (iii) are unloaded and enclosed in a case, firearm
15 carrying box, shipping box, or other container by a
16 person eligible under State and federal law to possess
17 a firearm who has been issued a currently valid
18 Firearm Owner's Identification Card; or
19 (iv) are carried or possessed in accordance with
20 the Firearm Concealed Carry Act by a person who has
21 been issued a currently valid license under the
22 Firearm Concealed Carry Act.
23 A "stun gun or taser", as used in this paragraph (a)
24 means (i) any device which is powered by electrical
25 charging units, such as, batteries, and which fires one or
26 several barbs attached to a length of wire and which, upon

SB1754- 138 -LRB102 14289 RLC 19641 b
1 hitting a human, can send out a current capable of
2 disrupting the person's nervous system in such a manner as
3 to render him incapable of normal functioning or (ii) any
4 device which is powered by electrical charging units, such
5 as batteries, and which, upon contact with a human or
6 clothing worn by a human, can send out current capable of
7 disrupting the person's nervous system in such a manner as
8 to render him incapable of normal functioning; or
9 (11) Sells, manufactures, or purchases any explosive
10 bullet. For purposes of this paragraph (a) "explosive
11 bullet" means the projectile portion of an ammunition
12 cartridge which contains or carries an explosive charge
13 which will explode upon contact with the flesh of a human
14 or an animal. "Cartridge" means a tubular metal case
15 having a projectile affixed at the front thereof and a cap
16 or primer at the rear end thereof, with the propellant
17 contained in such tube between the projectile and the cap;
18 or
19 (12) (Blank); or
20 (13) Carries or possesses on or about his or her
21 person while in a building occupied by a unit of
22 government, a billy club, other weapon of like character,
23 or other instrument of like character intended for use as
24 a weapon. For the purposes of this Section, "billy club"
25 means a short stick or club commonly carried by police
26 officers which is either telescopic or constructed of a

SB1754- 139 -LRB102 14289 RLC 19641 b
1 solid piece of wood or other man-made material.
2 (b) Sentence. A person convicted of a violation of
3subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
4subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
5Class A misdemeanor. A person convicted of a violation of
6subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
7a person convicted of a violation of subsection 24-1(a)(6) or
824-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
9convicted of a violation of subsection 24-1(a)(7)(i) commits a
10Class 2 felony and shall be sentenced to a term of imprisonment
11of not less than 3 years and not more than 7 years, unless the
12weapon is possessed in the passenger compartment of a motor
13vehicle as defined in Section 1-146 of the Illinois Vehicle
14Code, or on the person, while the weapon is loaded, in which
15case it shall be a Class X felony. A person convicted of a
16second or subsequent violation of subsection 24-1(a)(4),
1724-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
18felony. A person convicted of a violation of subsection
1924-1(a)(2.5) commits a Class 2 felony. The possession of each
20weapon in violation of this Section constitutes a single and
21separate violation.
22 (c) Violations in specific places.
23 (1) A person who violates subsection 24-1(a)(6) or
24 24-1(a)(7) in any school, regardless of the time of day or
25 the time of year, in residential property owned, operated
26 or managed by a public housing agency or leased by a public

SB1754- 140 -LRB102 14289 RLC 19641 b
1 housing agency as part of a scattered site or mixed-income
2 development, in a public park, in a courthouse, on the
3 real property comprising any school, regardless of the
4 time of day or the time of year, on residential property
5 owned, operated or managed by a public housing agency or
6 leased by a public housing agency as part of a scattered
7 site or mixed-income development, on the real property
8 comprising any public park, on the real property
9 comprising any courthouse, in any conveyance owned, leased
10 or contracted by a school to transport students to or from
11 school or a school related activity, in any conveyance
12 owned, leased, or contracted by a public transportation
13 agency, or on any public way within 1,000 feet of the real
14 property comprising any school, public park, courthouse,
15 public transportation facility, or residential property
16 owned, operated, or managed by a public housing agency or
17 leased by a public housing agency as part of a scattered
18 site or mixed-income development commits a Class 2 felony
19 and shall be sentenced to a term of imprisonment of not
20 less than 3 years and not more than 7 years.
21 (1.5) A person who violates subsection 24-1(a)(4),
22 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
23 the time of day or the time of year, in residential
24 property owned, operated, or managed by a public housing
25 agency or leased by a public housing agency as part of a
26 scattered site or mixed-income development, in a public

SB1754- 141 -LRB102 14289 RLC 19641 b
1 park, in a courthouse, on the real property comprising any
2 school, regardless of the time of day or the time of year,
3 on residential property owned, operated, or managed by a
4 public housing agency or leased by a public housing agency
5 as part of a scattered site or mixed-income development,
6 on the real property comprising any public park, on the
7 real property comprising any courthouse, in any conveyance
8 owned, leased, or contracted by a school to transport
9 students to or from school or a school related activity,
10 in any conveyance owned, leased, or contracted by a public
11 transportation agency, or on any public way within 1,000
12 feet of the real property comprising any school, public
13 park, courthouse, public transportation facility, or
14 residential property owned, operated, or managed by a
15 public housing agency or leased by a public housing agency
16 as part of a scattered site or mixed-income development
17 commits a Class 3 felony.
18 (2) A person who violates subsection 24-1(a)(1),
19 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
20 time of day or the time of year, in residential property
21 owned, operated or managed by a public housing agency or
22 leased by a public housing agency as part of a scattered
23 site or mixed-income development, in a public park, in a
24 courthouse, on the real property comprising any school,
25 regardless of the time of day or the time of year, on
26 residential property owned, operated or managed by a

SB1754- 142 -LRB102 14289 RLC 19641 b
1 public housing agency or leased by a public housing agency
2 as part of a scattered site or mixed-income development,
3 on the real property comprising any public park, on the
4 real property comprising any courthouse, in any conveyance
5 owned, leased or contracted by a school to transport
6 students to or from school or a school related activity,
7 in any conveyance owned, leased, or contracted by a public
8 transportation agency, or on any public way within 1,000
9 feet of the real property comprising any school, public
10 park, courthouse, public transportation facility, or
11 residential property owned, operated, or managed by a
12 public housing agency or leased by a public housing agency
13 as part of a scattered site or mixed-income development
14 commits a Class 4 felony. "Courthouse" means any building
15 that is used by the Circuit, Appellate, or Supreme Court
16 of this State for the conduct of official business.
17 (3) Paragraphs (1), (1.5), and (2) of this subsection
18 (c) shall not apply to law enforcement officers or
19 security officers of such school, college, or university
20 or to students carrying or possessing firearms for use in
21 training courses, parades, hunting, target shooting on
22 school ranges, or otherwise with the consent of school
23 authorities and which firearms are transported unloaded
24 enclosed in a suitable case, box, or transportation
25 package.
26 (4) For the purposes of this subsection (c), "school"

SB1754- 143 -LRB102 14289 RLC 19641 b
1 means any public or private elementary or secondary
2 school, community college, college, or university.
3 (5) For the purposes of this subsection (c), "public
4 transportation agency" means a public or private agency
5 that provides for the transportation or conveyance of
6 persons by means available to the general public, except
7 for transportation by automobiles not used for conveyance
8 of the general public as passengers; and "public
9 transportation facility" means a terminal or other place
10 where one may obtain public transportation.
11 (d) The presence in an automobile other than a public
12omnibus of any weapon, instrument or substance referred to in
13subsection (a)(7) is prima facie evidence that it is in the
14possession of, and is being carried by, all persons occupying
15such automobile at the time such weapon, instrument or
16substance is found, except under the following circumstances:
17(i) if such weapon, instrument or instrumentality is found
18upon the person of one of the occupants therein; or (ii) if
19such weapon, instrument or substance is found in an automobile
20operated for hire by a duly licensed driver in the due, lawful
21and proper pursuit of his or her trade, then such presumption
22shall not apply to the driver.
23 (e) Exemptions.
24 (1) Crossbows, Common or Compound bows and Underwater
25 Spearguns are exempted from the definition of ballistic
26 knife as defined in paragraph (1) of subsection (a) of

SB1754- 144 -LRB102 14289 RLC 19641 b
1 this Section.
2 (2) The provision of paragraph (1) of subsection (a)
3 of this Section prohibiting the sale, manufacture,
4 purchase, possession, or carrying of any knife, commonly
5 referred to as a switchblade knife, which has a blade that
6 opens automatically by hand pressure applied to a button,
7 spring or other device in the handle of the knife, does not
8 apply to a person eligible under State and federal law to
9 possess a firearm who possesses a currently valid Firearm
10 Owner's Identification Card previously issued in his or
11 her name by the Department of State Police or to a person
12 or an entity engaged in the business of selling or
13 manufacturing switchblade knives.
14(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
15 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
16 Sec. 24-1.1. Unlawful use or possession of weapons by
17felons or persons in the custody of the Department of
18Corrections facilities.
19 (a) It is unlawful for a person to knowingly possess on or
20about his person or on his land or in his own abode or fixed
21place of business any weapon prohibited under Section 24-1 of
22this Act or any firearm or any firearm ammunition if the person
23has been convicted of a felony under the laws of this State or
24any other jurisdiction. This Section shall not apply if the
25person has been granted relief under this subsection by the

SB1754- 145 -LRB102 14289 RLC 19641 b
1Director of the Department of State Police under Section 10 of
2the Firearm Owners Identification Card Act. A person
3prohibited from possessing a firearm under this subsection (a)
4may petition the Director of the Illinois State Police for a
5hearing and relief from the prohibition, unless the
6prohibition was based upon a forcible felony, stalking,
7aggravated stalking, domestic battery, any violation of the
8Illinois Controlled Substances Act, the Methamphetamine
9Control and Community Protection Act, or the Cannabis Control
10Act that is classified as a Class 2 or greater felony, any
11felony violation of Article 24 of the Criminal Code of 1961 or
12the Criminal Code of 2012, or any adjudication as a delinquent
13minor for the commission of an offense that if committed by an
14adult would be a felony, in which case the person may petition
15the circuit court in writing in the county of his or her
16residence for a hearing and relief from the prohibition. The
17Director or court may grant the relief if it is established by
18the petitioner to the court's or Director's satisfaction that:
19 (1) when in the circuit court, the State's Attorney
20 has been served with a written copy of the petition at
21 least 30 days before any hearing in the circuit court and
22 at the hearing the State's Attorney was afforded an
23 opportunity to present evidence and object to the
24 petition;
25 (2) the petitioner has not been convicted of a
26 forcible felony under the laws of this State or any other

SB1754- 146 -LRB102 14289 RLC 19641 b
1 jurisdiction within 20 years of the filing of the
2 petition, or at least 20 years have passed since the end of
3 any period of imprisonment imposed in relation to that
4 conviction;
5 (3) the circumstances regarding a criminal conviction,
6 where applicable, the petitioner's criminal history and
7 his or her reputation are such that the petitioner will
8 not be likely to act in a manner dangerous to public
9 safety;
10 (4) granting relief would not be contrary to the
11 public interest; and
12 (5) granting relief would not be contrary to federal
13 law.
14 (b) It is unlawful for any person confined in a penal
15institution, which is a facility of the Illinois Department of
16Corrections, to possess any weapon prohibited under Section
1724-1 of this Code or any firearm or firearm ammunition,
18regardless of the intent with which he possesses it.
19 (c) It shall be an affirmative defense to a violation of
20subsection (b), that such possession was specifically
21authorized by rule, regulation, or directive of the Illinois
22Department of Corrections or order issued pursuant thereto.
23 (d) The defense of necessity is not available to a person
24who is charged with a violation of subsection (b) of this
25Section.
26 (e) Sentence. Violation of this Section by a person not

SB1754- 147 -LRB102 14289 RLC 19641 b
1confined in a penal institution shall be a Class 3 felony for
2which the person shall be sentenced to no less than 2 years and
3no more than 10 years. A second or subsequent violation of this
4Section shall be a Class 2 felony for which the person shall be
5sentenced to a term of imprisonment of not less than 3 years
6and not more than 14 years, except as provided for in Section
75-4.5-110 of the Unified Code of Corrections. Violation of
8this Section by a person not confined in a penal institution
9who has been convicted of a forcible felony, a felony
10violation of Article 24 of this Code or of the Firearm Owners
11Identification Card Act, stalking or aggravated stalking, or a
12Class 2 or greater felony under the Illinois Controlled
13Substances Act, the Cannabis Control Act, or the
14Methamphetamine Control and Community Protection Act is a
15Class 2 felony for which the person shall be sentenced to not
16less than 3 years and not more than 14 years, except as
17provided for in Section 5-4.5-110 of the Unified Code of
18Corrections. Violation of this Section by a person who is on
19parole or mandatory supervised release is a Class 2 felony for
20which the person shall be sentenced to not less than 3 years
21and not more than 14 years, except as provided for in Section
225-4.5-110 of the Unified Code of Corrections. Violation of
23this Section by a person not confined in a penal institution is
24a Class X felony when the firearm possessed is a machine gun.
25Any person who violates this Section while confined in a penal
26institution, which is a facility of the Illinois Department of

SB1754- 148 -LRB102 14289 RLC 19641 b
1Corrections, is guilty of a Class 1 felony, if he possesses any
2weapon prohibited under Section 24-1 of this Code regardless
3of the intent with which he possesses it, a Class X felony if
4he possesses any firearm, firearm ammunition or explosive, and
5a Class X felony for which the offender shall be sentenced to
6not less than 12 years and not more than 50 years when the
7firearm possessed is a machine gun. A violation of this
8Section while wearing or in possession of body armor as
9defined in Section 33F-1 is a Class X felony punishable by a
10term of imprisonment of not less than 10 years and not more
11than 40 years. The possession of each firearm or firearm
12ammunition in violation of this Section constitutes a single
13and separate violation.
14(Source: P.A. 100-3, eff. 1-1-18.)
15 (720 ILCS 5/24-1.6)
16 Sec. 24-1.6. Aggravated unlawful use of a weapon.
17 (a) A person commits the offense of aggravated unlawful
18use of a weapon when he or she knowingly:
19 (1) Carries on or about his or her person or in any
20 vehicle or concealed on or about his or her person except
21 when on his or her land or in his or her abode, legal
22 dwelling, or fixed place of business, or on the land or in
23 the legal dwelling of another person as an invitee with
24 that person's permission, any pistol, revolver, stun gun
25 or taser or other firearm; or

SB1754- 149 -LRB102 14289 RLC 19641 b
1 (2) Carries or possesses on or about his or her
2 person, upon any public street, alley, or other public
3 lands within the corporate limits of a city, village or
4 incorporated town, except when an invitee thereon or
5 therein, for the purpose of the display of such weapon or
6 the lawful commerce in weapons, or except when on his or
7 her own land or in his or her own abode, legal dwelling, or
8 fixed place of business, or on the land or in the legal
9 dwelling of another person as an invitee with that
10 person's permission, any pistol, revolver, stun gun or
11 taser or other firearm; and
12 (3) One of the following factors is present:
13 (A) the firearm, other than a pistol, revolver, or
14 handgun, possessed was uncased, loaded, and
15 immediately accessible at the time of the offense; or
16 (A-5) the pistol, revolver, or handgun possessed
17 was uncased, loaded, and immediately accessible at the
18 time of the offense and the person possessing the
19 pistol, revolver, or handgun has not been issued a
20 currently valid license under the Firearm Concealed
21 Carry Act; or
22 (B) the firearm, other than a pistol, revolver, or
23 handgun, possessed was uncased, unloaded, and the
24 ammunition for the weapon was immediately accessible
25 at the time of the offense; or
26 (B-5) the pistol, revolver, or handgun possessed

SB1754- 150 -LRB102 14289 RLC 19641 b
1 was uncased, unloaded, and the ammunition for the
2 weapon was immediately accessible at the time of the
3 offense and the person possessing the pistol,
4 revolver, or handgun has not been issued a currently
5 valid license under the Firearm Concealed Carry Act;
6 or
7 (C) (blank); or the person possessing the firearm
8 has not been issued a currently valid Firearm Owner's
9 Identification Card; or
10 (D) the person possessing the weapon was
11 previously adjudicated a delinquent minor under the
12 Juvenile Court Act of 1987 for an act that if committed
13 by an adult would be a felony; or
14 (E) the person possessing the weapon was engaged
15 in a misdemeanor violation of the Cannabis Control
16 Act, in a misdemeanor violation of the Illinois
17 Controlled Substances Act, or in a misdemeanor
18 violation of the Methamphetamine Control and Community
19 Protection Act; or
20 (F) (blank); or
21 (G) the person possessing the weapon had an order
22 of protection issued against him or her within the
23 previous 2 years; or
24 (H) the person possessing the weapon was engaged
25 in the commission or attempted commission of a
26 misdemeanor involving the use or threat of violence

SB1754- 151 -LRB102 14289 RLC 19641 b
1 against the person or property of another; or
2 (I) the person possessing the weapon was under 21
3 years of age and in possession of a handgun, unless the
4 person under 21 is engaged in lawful activities under
5 the Wildlife Code or described in subsection
6 24-2(b)(1), (b)(3), or 24-2(f).
7 (a-5) "Handgun" as used in this Section has the meaning
8given to it in Section 5 of the Firearm Concealed Carry Act.
9 (b) "Stun gun or taser" as used in this Section has the
10same definition given to it in Section 24-1 of this Code.
11 (c) This Section does not apply to or affect the
12transportation or possession of weapons that:
13 (i) are broken down in a non-functioning state; or
14 (ii) are not immediately accessible; or
15 (iii) are unloaded and enclosed in a case, firearm
16 carrying box, shipping box, or other container by a person
17 is eligible under State and federal law to possess a
18 firearm who has been issued a currently valid Firearm
19 Owner's Identification Card.
20 (d) Sentence.
21 (1) Aggravated unlawful use of a weapon is a Class 4
22 felony; a second or subsequent offense is a Class 2 felony
23 for which the person shall be sentenced to a term of
24 imprisonment of not less than 3 years and not more than 7
25 years, except as provided for in Section 5-4.5-110 of the
26 Unified Code of Corrections.

SB1754- 152 -LRB102 14289 RLC 19641 b
1 (2) (Blank). Except as otherwise provided in
2 paragraphs (3) and (4) of this subsection (d), a first
3 offense of aggravated unlawful use of a weapon committed
4 with a firearm by a person 18 years of age or older where
5 the factors listed in both items (A) and (C) or both items
6 (A-5) and (C) of paragraph (3) of subsection (a) are
7 present is a Class 4 felony, for which the person shall be
8 sentenced to a term of imprisonment of not less than one
9 year and not more than 3 years.
10 (3) Aggravated unlawful use of a weapon by a person
11 who has been previously convicted of a felony in this
12 State or another jurisdiction is a Class 2 felony for
13 which the person shall be sentenced to a term of
14 imprisonment of not less than 3 years and not more than 7
15 years, except as provided for in Section 5-4.5-110 of the
16 Unified Code of Corrections.
17 (4) Aggravated unlawful use of a weapon while wearing
18 or in possession of body armor as defined in Section 33F-1
19 by a person who is prohibited under State or federal law
20 from possessing a firearm has not been issued a valid
21 Firearms Owner's Identification Card in accordance with
22 Section 5 of the Firearm Owners Identification Card Act is
23 a Class X felony.
24 (e) The possession of each firearm in violation of this
25Section constitutes a single and separate violation.
26(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

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1 (720 ILCS 5/24-1.8)
2 Sec. 24-1.8. Unlawful possession of a firearm by a street
3gang member.
4 (a) A person commits unlawful possession of a firearm by a
5street gang member when he or she knowingly:
6 (1) possesses, carries, or conceals on or about his or
7 her person a firearm and firearm ammunition while on any
8 street, road, alley, gangway, sidewalk, or any other
9 lands, except when inside his or her own abode or inside
10 his or her fixed place of business, and has not been issued
11 a currently valid Firearm Owner's Identification Card and
12 is a member of a street gang; or
13 (2) possesses or carries in any vehicle a firearm and
14 firearm ammunition which are both immediately accessible
15 at the time of the offense while on any street, road,
16 alley, or any other lands, except when inside his or her
17 own abode or garage, and has not been issued a currently
18 valid Firearm Owner's Identification Card and is a member
19 of a street gang.
20 (b) Unlawful possession of a firearm by a street gang
21member is a Class 2 felony for which the person, if sentenced
22to a term of imprisonment, shall be sentenced to no less than 3
23years and no more than 10 years. A period of probation, a term
24of periodic imprisonment or conditional discharge shall not be
25imposed for the offense of unlawful possession of a firearm by

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1a street gang member when the firearm was loaded or contained
2firearm ammunition and the court shall sentence the offender
3to not less than the minimum term of imprisonment authorized
4for the Class 2 felony.
5 (c) For purposes of this Section:
6 "Street gang" or "gang" has the meaning ascribed to it
7 in Section 10 of the Illinois Streetgang Terrorism Omnibus
8 Prevention Act.
9 "Street gang member" or "gang member" has the meaning
10 ascribed to it in Section 10 of the Illinois Streetgang
11 Terrorism Omnibus Prevention Act.
12(Source: P.A. 96-829, eff. 12-3-09.)
13 (720 ILCS 5/24-2)
14 Sec. 24-2. Exemptions.
15 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1624-1(a)(13) and Section 24-1.6 do not apply to or affect any of
17the following:
18 (1) Peace officers, and any person summoned by a peace
19 officer to assist in making arrests or preserving the
20 peace, while actually engaged in assisting such officer.
21 (2) Wardens, superintendents and keepers of prisons,
22 penitentiaries, jails and other institutions for the
23 detention of persons accused or convicted of an offense,
24 while in the performance of their official duty, or while
25 commuting between their homes and places of employment.

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1 (3) Members of the Armed Services or Reserve Forces of
2 the United States or the Illinois National Guard or the
3 Reserve Officers Training Corps, while in the performance
4 of their official duty.
5 (4) Special agents employed by a railroad or a public
6 utility to perform police functions, and guards of armored
7 car companies, while actually engaged in the performance
8 of the duties of their employment or commuting between
9 their homes and places of employment; and watchmen while
10 actually engaged in the performance of the duties of their
11 employment.
12 (5) Persons licensed as private security contractors,
13 private detectives, or private alarm contractors, or
14 employed by a private security contractor, private
15 detective, or private alarm contractor agency licensed by
16 the Department of Financial and Professional Regulation,
17 if their duties include the carrying of a weapon under the
18 provisions of the Private Detective, Private Alarm,
19 Private Security, Fingerprint Vendor, and Locksmith Act of
20 2004, while actually engaged in the performance of the
21 duties of their employment or commuting between their
22 homes and places of employment. A person shall be
23 considered eligible for this exemption if he or she has
24 completed the required 20 hours of training for a private
25 security contractor, private detective, or private alarm
26 contractor, or employee of a licensed private security

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1 contractor, private detective, or private alarm contractor
2 agency and 20 hours of required firearm training, and has
3 been issued a firearm control card by the Department of
4 Financial and Professional Regulation. Conditions for the
5 renewal of firearm control cards issued under the
6 provisions of this Section shall be the same as for those
7 cards issued under the provisions of the Private
8 Detective, Private Alarm, Private Security, Fingerprint
9 Vendor, and Locksmith Act of 2004. The firearm control
10 card shall be carried by the private security contractor,
11 private detective, or private alarm contractor, or
12 employee of the licensed private security contractor,
13 private detective, or private alarm contractor agency at
14 all times when he or she is in possession of a concealable
15 weapon permitted by his or her firearm control card.
16 (6) Any person regularly employed in a commercial or
17 industrial operation as a security guard for the
18 protection of persons employed and private property
19 related to such commercial or industrial operation, while
20 actually engaged in the performance of his or her duty or
21 traveling between sites or properties belonging to the
22 employer, and who, as a security guard, is a member of a
23 security force registered with the Department of Financial
24 and Professional Regulation; provided that such security
25 guard has successfully completed a course of study,
26 approved by and supervised by the Department of Financial

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1 and Professional Regulation, consisting of not less than
2 40 hours of training that includes the theory of law
3 enforcement, liability for acts, and the handling of
4 weapons. A person shall be considered eligible for this
5 exemption if he or she has completed the required 20 hours
6 of training for a security officer and 20 hours of
7 required firearm training, and has been issued a firearm
8 control card by the Department of Financial and
9 Professional Regulation. Conditions for the renewal of
10 firearm control cards issued under the provisions of this
11 Section shall be the same as for those cards issued under
12 the provisions of the Private Detective, Private Alarm,
13 Private Security, Fingerprint Vendor, and Locksmith Act of
14 2004. The firearm control card shall be carried by the
15 security guard at all times when he or she is in possession
16 of a concealable weapon permitted by his or her firearm
17 control card.
18 (7) Agents and investigators of the Illinois
19 Legislative Investigating Commission authorized by the
20 Commission to carry the weapons specified in subsections
21 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
22 any investigation for the Commission.
23 (8) Persons employed by a financial institution as a
24 security guard for the protection of other employees and
25 property related to such financial institution, while
26 actually engaged in the performance of their duties,

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1 commuting between their homes and places of employment, or
2 traveling between sites or properties owned or operated by
3 such financial institution, and who, as a security guard,
4 is a member of a security force registered with the
5 Department; provided that any person so employed has
6 successfully completed a course of study, approved by and
7 supervised by the Department of Financial and Professional
8 Regulation, consisting of not less than 40 hours of
9 training which includes theory of law enforcement,
10 liability for acts, and the handling of weapons. A person
11 shall be considered to be eligible for this exemption if
12 he or she has completed the required 20 hours of training
13 for a security officer and 20 hours of required firearm
14 training, and has been issued a firearm control card by
15 the Department of Financial and Professional Regulation.
16 Conditions for renewal of firearm control cards issued
17 under the provisions of this Section shall be the same as
18 for those issued under the provisions of the Private
19 Detective, Private Alarm, Private Security, Fingerprint
20 Vendor, and Locksmith Act of 2004. The firearm control
21 card shall be carried by the security guard at all times
22 when he or she is in possession of a concealable weapon
23 permitted by his or her firearm control card. For purposes
24 of this subsection, "financial institution" means a bank,
25 savings and loan association, credit union or company
26 providing armored car services.

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1 (9) Any person employed by an armored car company to
2 drive an armored car, while actually engaged in the
3 performance of his duties.
4 (10) Persons who have been classified as peace
5 officers pursuant to the Peace Officer Fire Investigation
6 Act.
7 (11) Investigators of the Office of the State's
8 Attorneys Appellate Prosecutor authorized by the board of
9 governors of the Office of the State's Attorneys Appellate
10 Prosecutor to carry weapons pursuant to Section 7.06 of
11 the State's Attorneys Appellate Prosecutor's Act.
12 (12) Special investigators appointed by a State's
13 Attorney under Section 3-9005 of the Counties Code.
14 (12.5) Probation officers while in the performance of
15 their duties, or while commuting between their homes,
16 places of employment or specific locations that are part
17 of their assigned duties, with the consent of the chief
18 judge of the circuit for which they are employed, if they
19 have received weapons training according to requirements
20 of the Peace Officer and Probation Officer Firearm
21 Training Act.
22 (13) Court Security Officers while in the performance
23 of their official duties, or while commuting between their
24 homes and places of employment, with the consent of the
25 Sheriff.
26 (13.5) A person employed as an armed security guard at

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1 a nuclear energy, storage, weapons or development site or
2 facility regulated by the Nuclear Regulatory Commission
3 who has completed the background screening and training
4 mandated by the rules and regulations of the Nuclear
5 Regulatory Commission.
6 (14) Manufacture, transportation, or sale of weapons
7 to persons authorized under subdivisions (1) through
8 (13.5) of this subsection to possess those weapons.
9 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
10to or affect any person carrying a concealed pistol, revolver,
11or handgun and the person has been issued a currently valid
12license under the Firearm Concealed Carry Act at the time of
13the commission of the offense.
14 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
15to or affect a qualified current or retired law enforcement
16officer qualified under the laws of this State or under the
17federal Law Enforcement Officers Safety Act.
18 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1924-1.6 do not apply to or affect any of the following:
20 (1) Members of any club or organization organized for
21 the purpose of practicing shooting at targets upon
22 established target ranges, whether public or private, and
23 patrons of such ranges, while such members or patrons are
24 using their firearms on those target ranges.
25 (2) Duly authorized military or civil organizations
26 while parading, with the special permission of the

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1 Governor.
2 (3) Hunters, trappers or fishermen with a license or
3 permit while engaged in hunting, trapping or fishing.
4 (4) Transportation of weapons that are broken down in
5 a non-functioning state or are not immediately accessible.
6 (5) Carrying or possessing any pistol, revolver, stun
7 gun or taser or other firearm on the land or in the legal
8 dwelling of another person as an invitee with that
9 person's permission.
10 (c) Subsection 24-1(a)(7) does not apply to or affect any
11of the following:
12 (1) Peace officers while in performance of their
13 official duties.
14 (2) Wardens, superintendents and keepers of prisons,
15 penitentiaries, jails and other institutions for the
16 detention of persons accused or convicted of an offense.
17 (3) Members of the Armed Services or Reserve Forces of
18 the United States or the Illinois National Guard, while in
19 the performance of their official duty.
20 (4) Manufacture, transportation, or sale of machine
21 guns to persons authorized under subdivisions (1) through
22 (3) of this subsection to possess machine guns, if the
23 machine guns are broken down in a non-functioning state or
24 are not immediately accessible.
25 (5) Persons licensed under federal law to manufacture
26 any weapon from which 8 or more shots or bullets can be

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1 discharged by a single function of the firing device, or
2 ammunition for such weapons, and actually engaged in the
3 business of manufacturing such weapons or ammunition, but
4 only with respect to activities which are within the
5 lawful scope of such business, such as the manufacture,
6 transportation, or testing of such weapons or ammunition.
7 This exemption does not authorize the general private
8 possession of any weapon from which 8 or more shots or
9 bullets can be discharged by a single function of the
10 firing device, but only such possession and activities as
11 are within the lawful scope of a licensed manufacturing
12 business described in this paragraph.
13 During transportation, such weapons shall be broken
14 down in a non-functioning state or not immediately
15 accessible.
16 (6) The manufacture, transport, testing, delivery,
17 transfer or sale, and all lawful commercial or
18 experimental activities necessary thereto, of rifles,
19 shotguns, and weapons made from rifles or shotguns, or
20 ammunition for such rifles, shotguns or weapons, where
21 engaged in by a person operating as a contractor or
22 subcontractor pursuant to a contract or subcontract for
23 the development and supply of such rifles, shotguns,
24 weapons or ammunition to the United States government or
25 any branch of the Armed Forces of the United States, when
26 such activities are necessary and incident to fulfilling

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1 the terms of such contract.
2 The exemption granted under this subdivision (c)(6)
3 shall also apply to any authorized agent of any such
4 contractor or subcontractor who is operating within the
5 scope of his employment, where such activities involving
6 such weapon, weapons or ammunition are necessary and
7 incident to fulfilling the terms of such contract.
8 (7) A person possessing a rifle with a barrel or
9 barrels less than 16 inches in length if: (A) the person
10 has been issued a Curios and Relics license from the U.S.
11 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
12 (B) the person is an active member of a bona fide,
13 nationally recognized military re-enacting group and the
14 modification is required and necessary to accurately
15 portray the weapon for historical re-enactment purposes;
16 the re-enactor is in possession of a valid and current
17 re-enacting group membership credential; and the overall
18 length of the weapon as modified is not less than 26
19 inches.
20 (d) Subsection 24-1(a)(1) does not apply to the purchase,
21possession or carrying of a black-jack or slung-shot by a
22peace officer.
23 (e) Subsection 24-1(a)(8) does not apply to any owner,
24manager or authorized employee of any place specified in that
25subsection nor to any law enforcement officer.
26 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

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1Section 24-1.6 do not apply to members of any club or
2organization organized for the purpose of practicing shooting
3at targets upon established target ranges, whether public or
4private, while using their firearms on those target ranges.
5 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
6to:
7 (1) Members of the Armed Services or Reserve Forces of
8 the United States or the Illinois National Guard, while in
9 the performance of their official duty.
10 (2) Bonafide collectors of antique or surplus military
11 ordnance.
12 (3) Laboratories having a department of forensic
13 ballistics, or specializing in the development of
14 ammunition or explosive ordnance.
15 (4) Commerce, preparation, assembly or possession of
16 explosive bullets by manufacturers of ammunition licensed
17 by the federal government, in connection with the supply
18 of those organizations and persons exempted by subdivision
19 (g)(1) of this Section, or like organizations and persons
20 outside this State, or the transportation of explosive
21 bullets to any organization or person exempted in this
22 Section by a common carrier or by a vehicle owned or leased
23 by an exempted manufacturer.
24 (g-5) Subsection 24-1(a)(6) does not apply to or affect
25persons licensed under federal law to manufacture any device
26or attachment of any kind designed, used, or intended for use

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1in silencing the report of any firearm, firearms, or
2ammunition for those firearms equipped with those devices, and
3actually engaged in the business of manufacturing those
4devices, firearms, or ammunition, but only with respect to
5activities that are within the lawful scope of that business,
6such as the manufacture, transportation, or testing of those
7devices, firearms, or ammunition. This exemption does not
8authorize the general private possession of any device or
9attachment of any kind designed, used, or intended for use in
10silencing the report of any firearm, but only such possession
11and activities as are within the lawful scope of a licensed
12manufacturing business described in this subsection (g-5).
13During transportation, these devices shall be detached from
14any weapon or not immediately accessible.
15 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1624-1.6 do not apply to or affect any parole agent or parole
17supervisor who meets the qualifications and conditions
18prescribed in Section 3-14-1.5 of the Unified Code of
19Corrections.
20 (g-7) Subsection 24-1(a)(6) does not apply to a peace
21officer while serving as a member of a tactical response team
22or special operations team. A peace officer may not personally
23own or apply for ownership of a device or attachment of any
24kind designed, used, or intended for use in silencing the
25report of any firearm. These devices shall be owned and
26maintained by lawfully recognized units of government whose

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1duties include the investigation of criminal acts.
2 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
324-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
4athlete's possession, transport on official Olympic and
5Paralympic transit systems established for athletes, or use of
6competition firearms sanctioned by the International Olympic
7Committee, the International Paralympic Committee, the
8International Shooting Sport Federation, or USA Shooting in
9connection with such athlete's training for and participation
10in shooting competitions at the 2016 Olympic and Paralympic
11Games and sanctioned test events leading up to the 2016
12Olympic and Paralympic Games.
13 (h) An information or indictment based upon a violation of
14any subsection of this Article need not negative any
15exemptions contained in this Article. The defendant shall have
16the burden of proving such an exemption.
17 (i) Nothing in this Article shall prohibit, apply to, or
18affect the transportation, carrying, or possession, of any
19pistol or revolver, stun gun, taser, or other firearm
20consigned to a common carrier operating under license of the
21State of Illinois or the federal government, where such
22transportation, carrying, or possession is incident to the
23lawful transportation in which such common carrier is engaged;
24and nothing in this Article shall prohibit, apply to, or
25affect the transportation, carrying, or possession of any
26pistol, revolver, stun gun, taser, or other firearm, not the

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1subject of and regulated by subsection 24-1(a)(7) or
2subsection 24-2(c) of this Article, which is unloaded and
3enclosed in a case, firearm carrying box, shipping box, or
4other container, by a person eligible under State and federal
5law to possess a firearm the possessor of a valid Firearm
6Owners Identification Card.
7(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
8 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
9 Sec. 24-3. Unlawful sale or delivery of firearms.
10 (A) A person commits the offense of unlawful sale or
11delivery of firearms when he or she knowingly does any of the
12following:
13 (a) Sells or gives any firearm of a size which may be
14 concealed upon the person to any person under 18 years of
15 age.
16 (b) Sells or gives any firearm to a person under 21
17 years of age who has been convicted of a misdemeanor other
18 than a traffic offense or adjudged delinquent.
19 (c) Sells or gives any firearm to any narcotic addict.
20 (d) Sells or gives any firearm to any person who has
21 been convicted of a felony under the laws of this or any
22 other jurisdiction.
23 (e) Sells or gives any firearm to any person who has
24 been a patient in a mental institution within the past 5
25 years. In this subsection (e):

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1 "Mental institution" means any hospital,
2 institution, clinic, evaluation facility, mental
3 health center, or part thereof, which is used
4 primarily for the care or treatment of persons with
5 mental illness.
6 "Patient in a mental institution" means the person
7 was admitted, either voluntarily or involuntarily, to
8 a mental institution for mental health treatment,
9 unless the treatment was voluntary and solely for an
10 alcohol abuse disorder and no other secondary
11 substance abuse disorder or mental illness.
12 (f) Sells or gives any firearms to any person who is a
13 person with an intellectual disability.
14 (g) Delivers any firearm, incidental to a sale,
15 without withholding delivery of the firearm for at least
16 72 hours after application for its purchase has been made,
17 or delivers a stun gun or taser, incidental to a sale,
18 without withholding delivery of the stun gun or taser for
19 at least 24 hours after application for its purchase has
20 been made. However, this paragraph (g) does not apply to:
21 (1) the sale of a firearm to a law enforcement officer if
22 the seller of the firearm knows that the person to whom he
23 or she is selling the firearm is a law enforcement officer
24 or the sale of a firearm to a person who desires to
25 purchase a firearm for use in promoting the public
26 interest incident to his or her employment as a bank

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1 guard, armed truck guard, or other similar employment; (2)
2 a mail order sale of a firearm from a federally licensed
3 firearms dealer to a nonresident of Illinois under which
4 the firearm is mailed to a federally licensed firearms
5 dealer outside the boundaries of Illinois; (3) (blank);
6 (4) the sale of a firearm to a dealer licensed as a federal
7 firearms dealer under Section 923 of the federal Gun
8 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
9 sale of any rifle, shotgun, or other long gun to a resident
10 registered competitor or attendee or non-resident
11 registered competitor or attendee by any dealer licensed
12 as a federal firearms dealer under Section 923 of the
13 federal Gun Control Act of 1968 at competitive shooting
14 events held at the World Shooting Complex sanctioned by a
15 national governing body. For purposes of transfers or
16 sales under subparagraph (5) of this paragraph (g), the
17 Department of Natural Resources shall give notice to the
18 Department of State Police at least 30 calendar days prior
19 to any competitive shooting events at the World Shooting
20 Complex sanctioned by a national governing body. The
21 notification shall be made on a form prescribed by the
22 Department of State Police. The sanctioning body shall
23 provide a list of all registered competitors and attendees
24 at least 24 hours before the events to the Department of
25 State Police. Any changes to the list of registered
26 competitors and attendees shall be forwarded to the

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1 Department of State Police as soon as practicable. The
2 Department of State Police must destroy the list of
3 registered competitors and attendees no later than 30 days
4 after the date of the event. Nothing in this paragraph (g)
5 relieves a federally licensed firearm dealer from the
6 requirements of conducting a NICS background check through
7 the Illinois Point of Contact under 18 U.S.C. 922(t). For
8 purposes of this paragraph (g), "application" means when
9 the buyer and seller reach an agreement to purchase a
10 firearm. For purposes of this paragraph (g), "national
11 governing body" means a group of persons who adopt rules
12 and formulate policy on behalf of a national firearm
13 sporting organization.
14 (h) While holding any license as a dealer, importer,
15 manufacturer or pawnbroker under the federal Gun Control
16 Act of 1968, manufactures, sells or delivers to any
17 unlicensed person a handgun having a barrel, slide, frame
18 or receiver which is a die casting of zinc alloy or any
19 other nonhomogeneous metal which will melt or deform at a
20 temperature of less than 800 degrees Fahrenheit. For
21 purposes of this paragraph, (1) "firearm" is defined as in
22 the Firearm Owners Identification Card Act; and (2)
23 "handgun" is defined as a firearm designed to be held and
24 fired by the use of a single hand, and includes a
25 combination of parts from which such a firearm can be
26 assembled.

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1 (i) Sells or gives a firearm of any size to any person
2 under 18 years of age who is not eligible under State or
3 federal law to possess a firearm does not possess a valid
4 Firearm Owner's Identification Card.
5 (j) Sells or gives a firearm while engaged in the
6 business of selling firearms at wholesale or retail
7 without being licensed as a federal firearms dealer under
8 Section 923 of the federal Gun Control Act of 1968 (18
9 U.S.C. 923). In this paragraph (j):
10 A person "engaged in the business" means a person who
11 devotes time, attention, and labor to engaging in the
12 activity as a regular course of trade or business with the
13 principal objective of livelihood and profit, but does not
14 include a person who makes occasional repairs of firearms
15 or who occasionally fits special barrels, stocks, or
16 trigger mechanisms to firearms.
17 "With the principal objective of livelihood and
18 profit" means that the intent underlying the sale or
19 disposition of firearms is predominantly one of obtaining
20 livelihood and pecuniary gain, as opposed to other
21 intents, such as improving or liquidating a personal
22 firearms collection; however, proof of profit shall not be
23 required as to a person who engages in the regular and
24 repetitive purchase and disposition of firearms for
25 criminal purposes or terrorism.
26 (k) (Blank). Sells or transfers ownership of a firearm

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1 to a person who does not display to the seller or
2 transferor of the firearm either: (1) a currently valid
3 Firearm Owner's Identification Card that has previously
4 been issued in the transferee's name by the Department of
5 State Police under the provisions of the Firearm Owners
6 Identification Card Act; or (2) a currently valid license
7 to carry a concealed firearm that has previously been
8 issued in the transferee's name by the Department of State
9 Police under the Firearm Concealed Carry Act. This
10 paragraph (k) does not apply to the transfer of a firearm
11 to a person who is exempt from the requirement of
12 possessing a Firearm Owner's Identification Card under
13 Section 2 of the Firearm Owners Identification Card Act.
14 For the purposes of this Section, a currently valid
15 Firearm Owner's Identification Card means (i) a Firearm
16 Owner's Identification Card that has not expired or (ii)
17 an approval number issued in accordance with subsection
18 (a-10) of subsection 3 or Section 3.1 of the Firearm
19 Owners Identification Card Act shall be proof that the
20 Firearm Owner's Identification Card was valid.
21 (1) (Blank). In addition to the other requirements
22 of this paragraph (k), all persons who are not
23 federally licensed firearms dealers must also have
24 complied with subsection (a-10) of Section 3 of the
25 Firearm Owners Identification Card Act by determining
26 the validity of a purchaser's Firearm Owner's

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1 Identification Card.
2 (2) (Blank). All sellers or transferors who have
3 complied with the requirements of subparagraph (1) of
4 this paragraph (k) shall not be liable for damages in
5 any civil action arising from the use or misuse by the
6 transferee of the firearm transferred, except for
7 willful or wanton misconduct on the part of the seller
8 or transferor.
9 (l) Not being entitled to the possession of a firearm,
10 delivers the firearm, knowing it to have been stolen or
11 converted. It may be inferred that a person who possesses
12 a firearm with knowledge that its serial number has been
13 removed or altered has knowledge that the firearm is
14 stolen or converted.
15 (B) Paragraph (h) of subsection (A) does not include
16firearms sold within 6 months after enactment of Public Act
1778-355 (approved August 21, 1973, effective October 1, 1973),
18nor is any firearm legally owned or possessed by any citizen or
19purchased by any citizen within 6 months after the enactment
20of Public Act 78-355 subject to confiscation or seizure under
21the provisions of that Public Act. Nothing in Public Act
2278-355 shall be construed to prohibit the gift or trade of any
23firearm if that firearm was legally held or acquired within 6
24months after the enactment of that Public Act.
25 (C) Sentence.
26 (1) Any person convicted of unlawful sale or delivery

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1 of firearms in violation of paragraph (c), (e), (f), (g),
2 or (h) of subsection (A) commits a Class 4 felony.
3 (2) Any person convicted of unlawful sale or delivery
4 of firearms in violation of paragraph (b) or (i) of
5 subsection (A) commits a Class 3 felony.
6 (3) Any person convicted of unlawful sale or delivery
7 of firearms in violation of paragraph (a) of subsection
8 (A) commits a Class 2 felony.
9 (4) Any person convicted of unlawful sale or delivery
10 of firearms in violation of paragraph (a), (b), or (i) of
11 subsection (A) in any school, on the real property
12 comprising a school, within 1,000 feet of the real
13 property comprising a school, at a school related
14 activity, or on or within 1,000 feet of any conveyance
15 owned, leased, or contracted by a school or school
16 district to transport students to or from school or a
17 school related activity, regardless of the time of day or
18 time of year at which the offense was committed, commits a
19 Class 1 felony. Any person convicted of a second or
20 subsequent violation of unlawful sale or delivery of
21 firearms in violation of paragraph (a), (b), or (i) of
22 subsection (A) in any school, on the real property
23 comprising a school, within 1,000 feet of the real
24 property comprising a school, at a school related
25 activity, or on or within 1,000 feet of any conveyance
26 owned, leased, or contracted by a school or school

SB1754- 175 -LRB102 14289 RLC 19641 b
1 district to transport students to or from school or a
2 school related activity, regardless of the time of day or
3 time of year at which the offense was committed, commits a
4 Class 1 felony for which the sentence shall be a term of
5 imprisonment of no less than 5 years and no more than 15
6 years.
7 (5) Any person convicted of unlawful sale or delivery
8 of firearms in violation of paragraph (a) or (i) of
9 subsection (A) in residential property owned, operated, or
10 managed by a public housing agency or leased by a public
11 housing agency as part of a scattered site or mixed-income
12 development, in a public park, in a courthouse, on
13 residential property owned, operated, or managed by a
14 public housing agency or leased by a public housing agency
15 as part of a scattered site or mixed-income development,
16 on the real property comprising any public park, on the
17 real property comprising any courthouse, or on any public
18 way within 1,000 feet of the real property comprising any
19 public park, courthouse, or residential property owned,
20 operated, or managed by a public housing agency or leased
21 by a public housing agency as part of a scattered site or
22 mixed-income development commits a Class 2 felony.
23 (6) Any person convicted of unlawful sale or delivery
24 of firearms in violation of paragraph (j) of subsection
25 (A) commits a Class A misdemeanor. A second or subsequent
26 violation is a Class 4 felony.

SB1754- 176 -LRB102 14289 RLC 19641 b
1 (7) (Blank). Any person convicted of unlawful sale or
2 delivery of firearms in violation of paragraph (k) of
3 subsection (A) commits a Class 4 felony, except that a
4 violation of subparagraph (1) of paragraph (k) of
5 subsection (A) shall not be punishable as a crime or petty
6 offense. A third or subsequent conviction for a violation
7 of paragraph (k) of subsection (A) is a Class 1 felony.
8 (8) A person 18 years of age or older convicted of
9 unlawful sale or delivery of firearms in violation of
10 paragraph (a) or (i) of subsection (A), when the firearm
11 that was sold or given to another person under 18 years of
12 age was used in the commission of or attempt to commit a
13 forcible felony, shall be fined or imprisoned, or both,
14 not to exceed the maximum provided for the most serious
15 forcible felony so committed or attempted by the person
16 under 18 years of age who was sold or given the firearm.
17 (9) Any person convicted of unlawful sale or delivery
18 of firearms in violation of paragraph (d) of subsection
19 (A) commits a Class 3 felony.
20 (10) Any person convicted of unlawful sale or delivery
21 of firearms in violation of paragraph (l) of subsection
22 (A) commits a Class 2 felony if the delivery is of one
23 firearm. Any person convicted of unlawful sale or delivery
24 of firearms in violation of paragraph (l) of subsection
25 (A) commits a Class 1 felony if the delivery is of not less
26 than 2 and not more than 5 firearms at the same time or

SB1754- 177 -LRB102 14289 RLC 19641 b
1 within a one year period. Any person convicted of unlawful
2 sale or delivery of firearms in violation of paragraph (l)
3 of subsection (A) commits a Class X felony for which he or
4 she shall be sentenced to a term of imprisonment of not
5 less than 6 years and not more than 30 years if the
6 delivery is of not less than 6 and not more than 10
7 firearms at the same time or within a 2 year period. Any
8 person convicted of unlawful sale or delivery of firearms
9 in violation of paragraph (l) of subsection (A) commits a
10 Class X felony for which he or she shall be sentenced to a
11 term of imprisonment of not less than 6 years and not more
12 than 40 years if the delivery is of not less than 11 and
13 not more than 20 firearms at the same time or within a 3
14 year period. Any person convicted of unlawful sale or
15 delivery of firearms in violation of paragraph (l) of
16 subsection (A) commits a Class X felony for which he or she
17 shall be sentenced to a term of imprisonment of not less
18 than 6 years and not more than 50 years if the delivery is
19 of not less than 21 and not more than 30 firearms at the
20 same time or within a 4 year period. Any person convicted
21 of unlawful sale or delivery of firearms in violation of
22 paragraph (l) of subsection (A) commits a Class X felony
23 for which he or she shall be sentenced to a term of
24 imprisonment of not less than 6 years and not more than 60
25 years if the delivery is of 31 or more firearms at the same
26 time or within a 5 year period.

SB1754- 178 -LRB102 14289 RLC 19641 b
1 (D) For purposes of this Section:
2 "School" means a public or private elementary or secondary
3school, community college, college, or university.
4 "School related activity" means any sporting, social,
5academic, or other activity for which students' attendance or
6participation is sponsored, organized, or funded in whole or
7in part by a school or school district.
8 (E) A prosecution for a violation of paragraph (k) of
9subsection (A) of this Section may be commenced within 6 years
10after the commission of the offense. A prosecution for a
11violation of this Section other than paragraph (g) of
12subsection (A) of this Section may be commenced within 5 years
13after the commission of the offense defined in the particular
14paragraph.
15(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1699-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
17 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
18 Sec. 24-3.1. Unlawful possession of firearms and firearm
19ammunition.
20 (a) A person commits the offense of unlawful possession of
21firearms or firearm ammunition when:
22 (1) He is under 18 years of age and has in his
23 possession any firearm of a size which may be concealed
24 upon the person; or
25 (2) He is under 21 years of age, has been convicted of

SB1754- 179 -LRB102 14289 RLC 19641 b
1 a misdemeanor other than a traffic offense or adjudged
2 delinquent and has any firearms or firearm ammunition in
3 his possession; or
4 (3) He is a narcotic addict and has any firearms or
5 firearm ammunition in his possession; or
6 (4) He has been a patient in a mental institution
7 within the past 5 years and has any firearms or firearm
8 ammunition in his possession. For purposes of this
9 paragraph (4):
10 "Mental institution" means any hospital,
11 institution, clinic, evaluation facility, mental
12 health center, or part thereof, which is used
13 primarily for the care or treatment of persons with
14 mental illness.
15 "Patient in a mental institution" means the person
16 was admitted, either voluntarily or involuntarily, to
17 a mental institution for mental health treatment,
18 unless the treatment was voluntary and solely for an
19 alcohol abuse disorder and no other secondary
20 substance abuse disorder or mental illness; or
21 (5) He is a person with an intellectual disability and
22 has any firearms or firearm ammunition in his possession;
23 or
24 (6) He has in his possession any explosive bullet.
25 For purposes of this paragraph "explosive bullet" means
26the projectile portion of an ammunition cartridge which

SB1754- 180 -LRB102 14289 RLC 19641 b
1contains or carries an explosive charge which will explode
2upon contact with the flesh of a human or an animal.
3"Cartridge" means a tubular metal case having a projectile
4affixed at the front thereof and a cap or primer at the rear
5end thereof, with the propellant contained in such tube
6between the projectile and the cap.
7 (a-5) A person prohibited from possessing a firearm under
8this Section may petition the Director of the Illinois State
9Police for a hearing and relief from the prohibition, unless
10the prohibition was based upon a forcible felony, stalking,
11aggravated stalking, domestic battery, any violation of the
12Illinois Controlled Substances Act, the Methamphetamine
13Control and Community Protection Act, or the Cannabis Control
14Act that is classified as a Class 2 or greater felony, any
15felony violation of Article 24 of the Criminal Code of 1961 or
16the Criminal Code of 2012, or any adjudication as a delinquent
17minor for the commission of an offense that if committed by an
18adult would be a felony, in which case the person may petition
19the circuit court in writing in the county of his or her
20residence for a hearing and relief from the prohibition. The
21Director or court may grant the relief if it is established by
22the petitioner to the court's or Director's satisfaction that:
23 (1) when in the circuit court, the State's Attorney
24 has been served with a written copy of the petition at
25 least 30 days before any hearing in the circuit court and
26 at the hearing the State's Attorney was afforded an

SB1754- 181 -LRB102 14289 RLC 19641 b
1 opportunity to present evidence and object to the
2 petition;
3 (2) the petitioner has not been convicted of a
4 forcible felony under the laws of this State or any other
5 jurisdiction within 20 years of the filing of the
6 petition, or at least 20 years have passed since the end of
7 any period of imprisonment imposed in relation to that
8 conviction;
9 (3) the circumstances regarding a criminal conviction,
10 where applicable, the petitioner's criminal history and
11 his reputation are such that the petitioner will not be
12 likely to act in a manner dangerous to public safety;
13 (4) granting relief would not be contrary to the
14 public interest; and
15 (5) granting relief would not be contrary to federal
16 law.
17 (b) Sentence.
18 Unlawful possession of firearms, other than handguns, and
19firearm ammunition is a Class A misdemeanor. Unlawful
20possession of handguns is a Class 4 felony. The possession of
21each firearm or firearm ammunition in violation of this
22Section constitutes a single and separate violation.
23 (c) Nothing in paragraph (1) of subsection (a) of this
24Section prohibits a person under 18 years of age from
25participating in any lawful recreational activity with a
26firearm such as, but not limited to, practice shooting at

SB1754- 182 -LRB102 14289 RLC 19641 b
1targets upon established public or private target ranges or
2hunting, trapping, or fishing in accordance with the Wildlife
3Code or the Fish and Aquatic Life Code.
4(Source: P.A. 99-143, eff. 7-27-15.)
5 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
6 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
7 (a) A person commits the offense of unlawful discharge of
8firearm projectiles when he or she knowingly or recklessly
9uses an armor piercing bullet, dragon's breath shotgun shell,
10bolo shell, or flechette shell in violation of this Section.
11 For purposes of this Section:
12 "Armor piercing bullet" means any handgun bullet or
13handgun ammunition with projectiles or projectile cores
14constructed entirely (excluding the presence of traces of
15other substances) from tungsten alloys, steel, iron, brass,
16bronze, beryllium copper or depleted uranium, or fully
17jacketed bullets larger than 22 caliber whose jacket has a
18weight of more than 25% of the total weight of the projectile,
19and excluding those handgun projectiles whose cores are
20composed of soft materials such as lead or lead alloys, zinc or
21zinc alloys, frangible projectiles designed primarily for
22sporting purposes, and any other projectiles or projectile
23cores that the U. S. Secretary of the Treasury finds to be
24primarily intended to be used for sporting purposes or
25industrial purposes or that otherwise does not constitute

SB1754- 183 -LRB102 14289 RLC 19641 b
1"armor piercing ammunition" as that term is defined by federal
2law.
3 "Dragon's breath shotgun shell" means any shotgun shell
4that contains exothermic pyrophoric mesh metal as the
5projectile and is designed for the purpose of throwing or
6spewing a flame or fireball to simulate a flame-thrower.
7 "Bolo shell" means any shell that can be fired in a firearm
8and expels as projectiles 2 or more metal balls connected by
9solid metal wire.
10 "Flechette shell" means any shell that can be fired in a
11firearm and expels 2 or more pieces of fin-stabilized solid
12metal wire or 2 or more solid dart-type projectiles.
13 (b) A person commits a Class X felony when he or she,
14knowing that a firearm, as defined in Section 1.1 of the
15Firearm Owners Identification Card Act, is loaded with an
16armor piercing bullet, dragon's breath shotgun shell, bolo
17shell, or flechette shell, intentionally or recklessly
18discharges such firearm and such bullet or shell strikes any
19other person.
20 (c) Any person who possesses, concealed on or about his or
21her person, an armor piercing bullet, dragon's breath shotgun
22shell, bolo shell, or flechette shell and a firearm suitable
23for the discharge thereof is guilty of a Class 2 felony.
24 (d) This Section does not apply to or affect any of the
25following:
26 (1) Peace officers;

SB1754- 184 -LRB102 14289 RLC 19641 b
1 (2) Wardens, superintendents and keepers of prisons,
2 penitentiaries, jails and other institutions for the
3 detention of persons accused or convicted of an offense;
4 (3) Members of the Armed Services or Reserve Forces of
5 the United States or the Illinois National Guard while in
6 the performance of their official duties;
7 (4) Federal officials required to carry firearms,
8 while engaged in the performance of their official duties;
9 (5) United States Marshals, while engaged in the
10 performance of their official duties.
11(Source: P.A. 92-423, eff. 1-1-02.)
12 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
13 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
14 (a) It shall be unlawful for any person who holds a license
15to sell at retail any alcoholic liquor issued by the Illinois
16Liquor Control Commission or local liquor control commissioner
17under the Liquor Control Act of 1934 or an agent or employee of
18the licensee to sell or deliver to any other person a firearm
19in or on the real property of the establishment where the
20licensee is licensed to sell alcoholic liquors unless the sale
21or delivery of the firearm is otherwise lawful under this
22Article and under the Firearm Owners Identification Card Act.
23 (b) Sentence. A violation of subsection (a) of this
24Section is a Class 4 felony.
25(Source: P.A. 87-591.)

SB1754- 185 -LRB102 14289 RLC 19641 b
1 (720 ILCS 5/24-3.5)
2 Sec. 24-3.5. Unlawful purchase of a firearm.
3 (a) For purposes of this Section, "firearms transaction
4record form" means a form:
5 (1) executed by a transferee of a firearm stating: (i)
6 the transferee's name and address (including county or
7 similar political subdivision); (ii) whether the
8 transferee is a citizen of the United States; (iii) the
9 transferee's State of residence; and (iv) the date and
10 place of birth, height, weight, and race of the
11 transferee; and
12 (2) on which the transferee certifies that he or she
13 is not prohibited by federal law from transporting or
14 shipping a firearm in interstate or foreign commerce or
15 receiving a firearm that has been shipped or transported
16 in interstate or foreign commerce or possessing a firearm
17 in or affecting commerce.
18 (b) A person commits the offense of unlawful purchase of a
19firearm who knowingly purchases or attempts to purchase a
20firearm with the intent to deliver that firearm to another
21person who is prohibited by federal or State law from
22possessing a firearm.
23 (c) A person commits the offense of unlawful purchase of a
24firearm when he or she, in purchasing or attempting to
25purchase a firearm, intentionally provides false or misleading

SB1754- 186 -LRB102 14289 RLC 19641 b
1information on a United States Department of the Treasury,
2Bureau of Alcohol, Tobacco and Firearms firearms transaction
3record form.
4 (d) Exemption. It is not a violation of subsection (b) of
5this Section for a person to make a gift or loan of a firearm
6to a person who is not prohibited by federal or State law from
7possessing a firearm if the transfer of the firearm is made in
8accordance with Section 3 of the Firearm Owners Identification
9Card Act.
10 (e) Sentence.
11 (1) A person who commits the offense of unlawful
12 purchase of a firearm:
13 (A) is guilty of a Class 2 felony for purchasing or
14 attempting to purchase one firearm;
15 (B) is guilty of a Class 1 felony for purchasing or
16 attempting to purchase not less than 2 firearms and
17 not more than 5 firearms at the same time or within a
18 one year period;
19 (C) is guilty of a Class X felony for which the
20 offender shall be sentenced to a term of imprisonment
21 of not less than 9 years and not more than 40 years for
22 purchasing or attempting to purchase not less than 6
23 firearms at the same time or within a 2 year period.
24 (2) In addition to any other penalty that may be
25 imposed for a violation of this Section, the court may
26 sentence a person convicted of a violation of subsection

SB1754- 187 -LRB102 14289 RLC 19641 b
1 (c) of this Section to a fine not to exceed $250,000 for
2 each violation.
3 (f) A prosecution for unlawful purchase of a firearm may
4be commenced within 6 years after the commission of the
5offense.
6(Source: P.A. 95-882, eff. 1-1-09.)
7 (720 ILCS 5/24-3B)
8 Sec. 24-3B. Firearms trafficking.
9 (a) A person commits firearms trafficking when he or she
10is prohibited under federal or State law from possessing a
11firearm has not been issued a currently valid Firearm Owner's
12Identification Card and knowingly:
13 (1) brings, or causes to be brought, into this State,
14 a firearm or firearm ammunition for the purpose of sale,
15 delivery, or transfer to any other person or with the
16 intent to sell, deliver, or transfer the firearm or
17 firearm ammunition to any other person; or
18 (2) brings, or causes to be brought, into this State,
19 a firearm and firearm ammunition for the purpose of sale,
20 delivery, or transfer to any other person or with the
21 intent to sell, deliver, or transfer the firearm and
22 firearm ammunition to any other person.
23 (a-5) (Blank). This Section does not apply to:
24 (1) a person exempt under Section 2 of the Firearm
25 Owners Identification Card Act from the requirement of

SB1754- 188 -LRB102 14289 RLC 19641 b
1 having possession of a Firearm Owner's Identification Card
2 previously issued in his or her name by the Department of
3 State Police in order to acquire or possess a firearm or
4 firearm ammunition;
5 (2) a common carrier under subsection (i) of Section
6 24-2 of this Code; or
7 (3) a non-resident who may lawfully possess a firearm
8 in his or her resident state.
9 (b) Sentence.
10 (1) Firearms trafficking is a Class 1 felony for which
11 the person, if sentenced to a term of imprisonment, shall
12 be sentenced to not less than 4 years and not more than 20
13 years.
14 (2) Firearms trafficking by a person who has been
15 previously convicted of firearms trafficking, gunrunning,
16 or a felony offense for the unlawful sale, delivery, or
17 transfer of a firearm or firearm ammunition in this State
18 or another jurisdiction is a Class X felony.
19(Source: P.A. 99-885, eff. 8-23-16.)
20 (720 ILCS 5/24-4.1)
21 Sec. 24-4.1. Report of lost or stolen firearms.
22 (a) If a person who possesses a valid Firearm Owner's
23Identification Card and who possesses or acquires a firearm
24thereafter loses the firearm, or if the firearm is stolen from
25the person, the person must report the loss or theft to the

SB1754- 189 -LRB102 14289 RLC 19641 b
1local law enforcement agency within 72 hours after obtaining
2knowledge of the loss or theft.
3 (b) A law enforcement agency having jurisdiction shall
4take a written report and shall, as soon as practical, enter
5the firearm's serial number as stolen into the Law Enforcement
6Agencies Data System (LEADS).
7 (c) A person shall not be in violation of this Section if:
8 (1) the failure to report is due to an act of God, act
9 of war, or inability of a law enforcement agency to
10 receive the report;
11 (2) the person is hospitalized, in a coma, or is
12 otherwise seriously physically or mentally impaired as to
13 prevent the person from reporting; or
14 (3) the person's designee makes a report if the person
15 is unable to make the report.
16 (d) Sentence. A person who violates this Section is guilty
17of a petty offense for a first violation. A second or
18subsequent violation of this Section is a Class A misdemeanor.
19(Source: P.A. 98-508, eff. 8-19-13.)
20 (720 ILCS 5/24-4.5 new)
21 Sec. 24-4.5. Dial up system.
22 (a) The Illinois State Police shall provide a dial up
23telephone system or utilize other existing technology which
24shall be used by any federally licensed firearm dealer, gun
25show promoter, or gun show vendor who is to transfer a firearm,

SB1754- 190 -LRB102 14289 RLC 19641 b
1stun gun, or taser under the provisions of this Code. The
2Illinois State Police may utilize existing technology which
3allows the caller to be charged a fee not to exceed $2. Fees
4collected by the Illinois State Police shall be deposited in
5the State Police Services Fund and used to provide the
6service.
7 (b) Upon receiving a request from a federally licensed
8firearm dealer, gun show promoter, or gun show vendor, the
9Illinois State Police shall immediately approve, or within the
10time period established by Section 24-3 of this Code regarding
11the delivery of firearms, stun guns, and tasers notify the
12inquiring dealer, gun show promoter, or gun show vendor of any
13objection that would disqualify the transferee from acquiring
14or possessing a firearm, stun gun, or taser. In conducting the
15inquiry, the Illinois State Police shall initiate and complete
16an automated search of its criminal history record information
17files and those of the Federal Bureau of Investigation,
18including the National Instant Criminal Background Check
19System, and of the files of the Department of Human Services
20relating to mental health and developmental disabilities to
21obtain any felony conviction or patient hospitalization
22information which would disqualify a person from obtaining a
23firearm.
24 (c) If receipt of a firearm would not violate Section 24-3
25of this Code or federal law, the Illinois State Police shall:
26 (1) assign a unique identification number to the

SB1754- 191 -LRB102 14289 RLC 19641 b
1 transfer; and
2 (2) provide the licensee, gun show promoter, or gun
3 show vendor with the number.
4 (d) Approvals issued by the Illinois State Police for the
5purchase of a firearm are valid for 30 days from the date of
6issue.
7 (e)(1) The Illinois State Police must act as the Illinois
8Point of Contact for the National Instant Criminal Background
9Check System.
10 (2) The Illinois State Police and the Department of Human
11Services shall, in accordance with State and federal law
12regarding confidentiality, enter into a memorandum of
13understanding with the Federal Bureau of Investigation for the
14purpose of implementing the National Instant Criminal
15Background Check System in the State. The Illinois State
16Police shall report the name, date of birth, and physical
17description of any person prohibited from possessing a firearm
18under this Code or 18 U.S.C. 922(g) and (n) to the National
19Instant Criminal Background Check System Index, Denied Persons
20Files.
21 (f) The Illinois State Police shall adopt rules not
22inconsistent with this Section to implement this system.
23 (720 ILCS 5/24-9)
24 Sec. 24-9. Firearms; Child Protection.
25 (a) Except as provided in subsection (c), it is unlawful

SB1754- 192 -LRB102 14289 RLC 19641 b
1for any person to store or leave, within premises under his or
2her control, a firearm if the person knows or has reason to
3believe that a minor under the age of 14 years who does not
4have a Firearm Owners Identification Card is likely to gain
5access to the firearm without the lawful permission of the
6person possessing the firearm, minor's parent, guardian, or
7person having charge of the minor, and the minor causes death
8or great bodily harm with the firearm, unless the firearm is:
9 (1) secured by a device or mechanism, other than the
10 firearm safety, designed to render a firearm temporarily
11 inoperable; or
12 (2) placed in a securely locked box or container; or
13 (3) placed in some other location that a reasonable
14 person would believe to be secure from a minor under the
15 age of 14 years.
16 (b) Sentence. A person who violates this Section is guilty
17of a Class C misdemeanor and shall be fined not less than
18$1,000. A second or subsequent violation of this Section is a
19Class A misdemeanor.
20 (c) Subsection (a) does not apply:
21 (1) if the minor under 14 years of age gains access to
22 a firearm and uses it in a lawful act of self-defense or
23 defense of another; or
24 (2) to any firearm obtained by a minor under the age of
25 14 because of an unlawful entry of the premises by the
26 minor or another person.

SB1754- 193 -LRB102 14289 RLC 19641 b
1 (d) (Blank). For the purposes of this Section, "firearm"
2has the meaning ascribed to it in Section 1.1 of the Firearm
3Owners Identification Card Act.
4(Source: P.A. 91-18, eff. 1-1-00.)
5 Section 85. The Methamphetamine Control and Community
6Protection Act is amended by changing Section 10 as follows:
7 (720 ILCS 646/10)
8 Sec. 10. Definitions. As used in this Act:
9 "Anhydrous ammonia" has the meaning provided in subsection
10(d) of Section 3 of the Illinois Fertilizer Act of 1961.
11 "Anhydrous ammonia equipment" means all items used to
12store, hold, contain, handle, transfer, transport, or apply
13anhydrous ammonia for lawful purposes.
14 "Booby trap" means any device designed to cause physical
15injury when triggered by an act of a person approaching,
16entering, or moving through a structure, a vehicle, or any
17location where methamphetamine has been manufactured, is being
18manufactured, or is intended to be manufactured.
19 "Deliver" or "delivery" has the meaning provided in
20subsection (h) of Section 102 of the Illinois Controlled
21Substances Act.
22 "Director" means the Director of State Police or the
23Director's designated agents.
24 "Dispose" or "disposal" means to abandon, discharge,

SB1754- 194 -LRB102 14289 RLC 19641 b
1release, deposit, inject, dump, spill, leak, or place
2methamphetamine waste onto or into any land, water, or well of
3any type so that the waste has the potential to enter the
4environment, be emitted into the air, or be discharged into
5the soil or any waters, including groundwater.
6 "Emergency response" means the act of collecting evidence
7from or securing a methamphetamine laboratory site,
8methamphetamine waste site or other methamphetamine-related
9site and cleaning up the site, whether these actions are
10performed by public entities or private contractors paid by
11public entities.
12 "Emergency service provider" means a local, State, or
13federal peace officer, firefighter, emergency medical
14technician-ambulance, emergency medical
15technician-intermediate, emergency medical
16technician-paramedic, ambulance driver, or other medical or
17first aid personnel rendering aid, or any agent or designee of
18the foregoing.
19 "Finished methamphetamine" means methamphetamine in a form
20commonly used for personal consumption.
21 "Firearm" has the meaning provided in Section 2-7.5 of the
22Criminal Code of 2012 1.1 of the Firearm Owners Identification
23Card Act.
24 "Manufacture" means to produce, prepare, compound,
25convert, process, synthesize, concentrate, purify, separate,
26extract, or package any methamphetamine, methamphetamine

SB1754- 195 -LRB102 14289 RLC 19641 b
1precursor, methamphetamine manufacturing catalyst,
2methamphetamine manufacturing reagent, methamphetamine
3manufacturing solvent, or any substance containing any of the
4foregoing.
5 "Methamphetamine" means the chemical methamphetamine (a
6Schedule II controlled substance under the Illinois Controlled
7Substances Act) or any salt, optical isomer, salt of optical
8isomer, or analog thereof, with the exception of
93,4-Methylenedioxymethamphetamine (MDMA) or any other
10scheduled substance with a separate listing under the Illinois
11Controlled Substances Act.
12 "Methamphetamine manufacturing catalyst" means any
13substance that has been used, is being used, or is intended to
14be used to activate, accelerate, extend, or improve a chemical
15reaction involved in the manufacture of methamphetamine.
16 "Methamphetamine manufacturing environment" means a
17structure or vehicle in which:
18 (1) methamphetamine is being or has been manufactured;
19 (2) chemicals that are being used, have been used, or
20 are intended to be used to manufacture methamphetamine are
21 stored;
22 (3) methamphetamine manufacturing materials that have
23 been used to manufacture methamphetamine are stored; or
24 (4) methamphetamine manufacturing waste is stored.
25 "Methamphetamine manufacturing material" means any
26methamphetamine precursor, substance containing any

SB1754- 196 -LRB102 14289 RLC 19641 b
1methamphetamine precursor, methamphetamine manufacturing
2catalyst, substance containing any methamphetamine
3manufacturing catalyst, methamphetamine manufacturing
4reagent, substance containing any methamphetamine
5manufacturing reagent, methamphetamine manufacturing solvent,
6substance containing any methamphetamine manufacturing
7solvent, or any other chemical, substance, ingredient,
8equipment, apparatus, or item that is being used, has been
9used, or is intended to be used in the manufacture of
10methamphetamine.
11 "Methamphetamine manufacturing reagent" means any
12substance other than a methamphetamine manufacturing catalyst
13that has been used, is being used, or is intended to be used to
14react with and chemically alter any methamphetamine precursor.
15 "Methamphetamine manufacturing solvent" means any
16substance that has been used, is being used, or is intended to
17be used as a medium in which any methamphetamine precursor,
18methamphetamine manufacturing catalyst, methamphetamine
19manufacturing reagent, or any substance containing any of the
20foregoing is dissolved, diluted, or washed during any part of
21the methamphetamine manufacturing process.
22 "Methamphetamine manufacturing waste" means any chemical,
23substance, ingredient, equipment, apparatus, or item that is
24left over from, results from, or is produced by the process of
25manufacturing methamphetamine, other than finished
26methamphetamine.

SB1754- 197 -LRB102 14289 RLC 19641 b
1 "Methamphetamine precursor" means ephedrine,
2pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
3phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
4isomer, or salt of an optical isomer of any of these chemicals.
5 "Multi-unit dwelling" means a unified structure used or
6intended for use as a habitation, home, or residence that
7contains 2 or more condominiums, apartments, hotel rooms,
8motel rooms, or other living units.
9 "Package" means an item marked for retail sale that is not
10designed to be further broken down or subdivided for the
11purpose of retail sale.
12 "Participate" or "participation" in the manufacture of
13methamphetamine means to produce, prepare, compound, convert,
14process, synthesize, concentrate, purify, separate, extract,
15or package any methamphetamine, methamphetamine precursor,
16methamphetamine manufacturing catalyst, methamphetamine
17manufacturing reagent, methamphetamine manufacturing solvent,
18or any substance containing any of the foregoing, or to assist
19in any of these actions, or to attempt to take any of these
20actions, regardless of whether this action or these actions
21result in the production of finished methamphetamine.
22 "Person with a disability" means a person who suffers from
23a permanent physical or mental impairment resulting from
24disease, injury, functional disorder, or congenital condition
25which renders the person incapable of adequately providing for
26his or her own health and personal care.

SB1754- 198 -LRB102 14289 RLC 19641 b
1 "Procure" means to purchase, steal, gather, or otherwise
2obtain, by legal or illegal means, or to cause another to take
3such action.
4 "Second or subsequent offense" means an offense under this
5Act committed by an offender who previously committed an
6offense under this Act, the Illinois Controlled Substances
7Act, the Cannabis Control Act, or another Act of this State,
8another state, or the United States relating to
9methamphetamine, cannabis, or any other controlled substance.
10 "Standard dosage form", as used in relation to any
11methamphetamine precursor, means that the methamphetamine
12precursor is contained in a pill, tablet, capsule, caplet, gel
13cap, or liquid cap that has been manufactured by a lawful
14entity and contains a standard quantity of methamphetamine
15precursor.
16 "Unauthorized container", as used in relation to anhydrous
17ammonia, means any container that is not designed for the
18specific and sole purpose of holding, storing, transporting,
19or applying anhydrous ammonia. "Unauthorized container"
20includes, but is not limited to, any propane tank, fire
21extinguisher, oxygen cylinder, gasoline can, food or beverage
22cooler, or compressed gas cylinder used in dispensing fountain
23drinks. "Unauthorized container" does not encompass anhydrous
24ammonia manufacturing plants, refrigeration systems where
25anhydrous ammonia is used solely as a refrigerant, anhydrous
26ammonia transportation pipelines, anhydrous ammonia tankers,

SB1754- 199 -LRB102 14289 RLC 19641 b
1or anhydrous ammonia barges.
2(Source: P.A. 97-434, eff. 1-1-12.)
3 Section 90. The Code of Criminal Procedure of 1963 is
4amended by changing Sections 102-7.1, 110-10, 112A-11.1,
5112A-11.2, 112A-14, and 112A-14.7 as follows:
6 (725 ILCS 5/102-7.1)
7 Sec. 102-7.1. "Category A offense". "Category A offense"
8means a Class 1 felony, Class 2 felony, Class X felony, first
9degree murder, a violation of Section 11-204 of the Illinois
10Vehicle Code, a second or subsequent violation of Section
1111-501 of the Illinois Vehicle Code, a violation of subsection
12(d) of Section 11-501 of the Illinois Vehicle Code, a
13violation of Section 11-401 of the Illinois Vehicle Code if
14the accident results in injury and the person failed to report
15the accident within 30 minutes, a violation of Section 9-3,
169-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
1711-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
1812-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
1924-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
20second or subsequent violation of 12-3.2 or 12-3.4 of the
21Criminal Code of 2012, a violation of paragraph (5) or (6) of
22subsection (b) of Section 10-9 of the Criminal Code of 2012, a
23violation of subsection (b) or (c) or paragraph (1) or (2) of
24subsection (a) of Section 11-1.50 of the Criminal Code of

SB1754- 200 -LRB102 14289 RLC 19641 b
12012, a violation of Section 12-7 of the Criminal Code of 2012
2if the defendant inflicts bodily harm on the victim to obtain a
3confession, statement, or information, a violation of Section
412-7.5 of the Criminal Code of 2012 if the action results in
5bodily harm, a violation of paragraph (3) of subsection (b) of
6Section 17-2 of the Criminal Code of 2012, a violation of
7subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
82012, a violation of paragraph (6) of subsection (a) of
9Section 24-1 of the Criminal Code of 2012, a first violation of
10Section 24-1.6 of the Criminal Code of 2012 by a person 18
11years of age or older where the factors listed in both items
12(A) and (C) or both items (A-5) and (C) of paragraph (3) of
13subsection (a) of Section 24-1.6 of the Criminal Code of 2012
14are present, a Class 3 felony violation of paragraph (1) of
15subsection (a) of Section 2 of the Firearm Owners
16Identification Card Act committed before the effective date of
17this amendatory Act of the 102nd General Assembly, or a
18violation of Section 10 of the Sex Offender Registration Act.
19(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
20 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
21 Sec. 110-10. Conditions of bail bond.
22 (a) If a person is released prior to conviction, either
23upon payment of bail security or on his or her own
24recognizance, the conditions of the bail bond shall be that he
25or she will:

SB1754- 201 -LRB102 14289 RLC 19641 b
1 (1) Appear to answer the charge in the court having
2 jurisdiction on a day certain and thereafter as ordered by
3 the court until discharged or final order of the court;
4 (2) Submit himself or herself to the orders and
5 process of the court;
6 (3) Not depart this State without leave of the court;
7 (4) Not violate any criminal statute of any
8 jurisdiction;
9 (5) At a time and place designated by the court,
10 surrender all firearms in his or her possession to a law
11 enforcement officer designated by the court to take
12 custody of and impound the firearms and physically
13 surrender his or her Firearm Owner's Identification Card
14 to the clerk of the circuit court when the offense the
15 person has been charged with is a forcible felony,
16 stalking, aggravated stalking, domestic battery, any
17 violation of the Illinois Controlled Substances Act, the
18 Methamphetamine Control and Community Protection Act, or
19 the Cannabis Control Act that is classified as a Class 2 or
20 greater felony, or any felony violation of Article 24 of
21 the Criminal Code of 1961 or the Criminal Code of 2012; the
22 court may, however, forgo the imposition of this condition
23 when the circumstances of the case clearly do not warrant
24 it or when its imposition would be impractical; if the
25 Firearm Owner's Identification Card is confiscated, the
26 clerk of the circuit court shall mail the confiscated card

SB1754- 202 -LRB102 14289 RLC 19641 b
1 to the Illinois State Police; all legally possessed
2 firearms shall be returned to the person upon the charges
3 being dismissed, or if the person is found not guilty,
4 unless the finding of not guilty is by reason of insanity;
5 and
6 (6) At a time and place designated by the court,
7 submit to a psychological evaluation when the person has
8 been charged with a violation of item (4) of subsection
9 (a) of Section 24-1 of the Criminal Code of 1961 or the
10 Criminal Code of 2012 and that violation occurred in a
11 school or in any conveyance owned, leased, or contracted
12 by a school to transport students to or from school or a
13 school-related activity, or on any public way within 1,000
14 feet of real property comprising any school.
15 Psychological evaluations ordered pursuant to this Section
16shall be completed promptly and made available to the State,
17the defendant, and the court. As a further condition of bail
18under these circumstances, the court shall order the defendant
19to refrain from entering upon the property of the school,
20including any conveyance owned, leased, or contracted by a
21school to transport students to or from school or a
22school-related activity, or on any public way within 1,000
23feet of real property comprising any school. Upon receipt of
24the psychological evaluation, either the State or the
25defendant may request a change in the conditions of bail,
26pursuant to Section 110-6 of this Code. The court may change

SB1754- 203 -LRB102 14289 RLC 19641 b
1the conditions of bail to include a requirement that the
2defendant follow the recommendations of the psychological
3evaluation, including undergoing psychiatric treatment. The
4conclusions of the psychological evaluation and any statements
5elicited from the defendant during its administration are not
6admissible as evidence of guilt during the course of any trial
7on the charged offense, unless the defendant places his or her
8mental competency in issue.
9 (b) The court may impose other conditions, such as the
10following, if the court finds that such conditions are
11reasonably necessary to assure the defendant's appearance in
12court, protect the public from the defendant, or prevent the
13defendant's unlawful interference with the orderly
14administration of justice:
15 (1) Report to or appear in person before such person
16 or agency as the court may direct;
17 (2) Refrain from possessing a firearm or other
18 dangerous weapon;
19 (3) Refrain from approaching or communicating with
20 particular persons or classes of persons;
21 (4) Refrain from going to certain described
22 geographical areas or premises;
23 (5) Refrain from engaging in certain activities or
24 indulging in intoxicating liquors or in certain drugs;
25 (6) Undergo treatment for drug addiction or
26 alcoholism;

SB1754- 204 -LRB102 14289 RLC 19641 b
1 (7) Undergo medical or psychiatric treatment;
2 (8) Work or pursue a course of study or vocational
3 training;
4 (9) Attend or reside in a facility designated by the
5 court;
6 (10) Support his or her dependents;
7 (11) If a minor resides with his or her parents or in a
8 foster home, attend school, attend a non-residential
9 program for youths, and contribute to his or her own
10 support at home or in a foster home;
11 (12) Observe any curfew ordered by the court;
12 (13) Remain in the custody of such designated person
13 or organization agreeing to supervise his release. Such
14 third party custodian shall be responsible for notifying
15 the court if the defendant fails to observe the conditions
16 of release which the custodian has agreed to monitor, and
17 shall be subject to contempt of court for failure so to
18 notify the court;
19 (14) Be placed under direct supervision of the
20 Pretrial Services Agency, Probation Department or Court
21 Services Department in a pretrial bond home supervision
22 capacity with or without the use of an approved electronic
23 monitoring device subject to Article 8A of Chapter V of
24 the Unified Code of Corrections;
25 (14.1) The court shall impose upon a defendant who is
26 charged with any alcohol, cannabis, methamphetamine, or

SB1754- 205 -LRB102 14289 RLC 19641 b
1 controlled substance violation and is placed under direct
2 supervision of the Pretrial Services Agency, Probation
3 Department or Court Services Department in a pretrial bond
4 home supervision capacity with the use of an approved
5 monitoring device, as a condition of such bail bond, a fee
6 that represents costs incidental to the electronic
7 monitoring for each day of such bail supervision ordered
8 by the court, unless after determining the inability of
9 the defendant to pay the fee, the court assesses a lesser
10 fee or no fee as the case may be. The fee shall be
11 collected by the clerk of the circuit court, except as
12 provided in an administrative order of the Chief Judge of
13 the circuit court. The clerk of the circuit court shall
14 pay all monies collected from this fee to the county
15 treasurer for deposit in the substance abuse services fund
16 under Section 5-1086.1 of the Counties Code, except as
17 provided in an administrative order of the Chief Judge of
18 the circuit court.
19 The Chief Judge of the circuit court of the county may
20 by administrative order establish a program for electronic
21 monitoring of offenders with regard to drug-related and
22 alcohol-related offenses, in which a vendor supplies and
23 monitors the operation of the electronic monitoring
24 device, and collects the fees on behalf of the county. The
25 program shall include provisions for indigent offenders
26 and the collection of unpaid fees. The program shall not

SB1754- 206 -LRB102 14289 RLC 19641 b
1 unduly burden the offender and shall be subject to review
2 by the Chief Judge.
3 The Chief Judge of the circuit court may suspend any
4 additional charges or fees for late payment, interest, or
5 damage to any device;
6 (14.2) The court shall impose upon all defendants,
7 including those defendants subject to paragraph (14.1)
8 above, placed under direct supervision of the Pretrial
9 Services Agency, Probation Department or Court Services
10 Department in a pretrial bond home supervision capacity
11 with the use of an approved monitoring device, as a
12 condition of such bail bond, a fee which shall represent
13 costs incidental to such electronic monitoring for each
14 day of such bail supervision ordered by the court, unless
15 after determining the inability of the defendant to pay
16 the fee, the court assesses a lesser fee or no fee as the
17 case may be. The fee shall be collected by the clerk of the
18 circuit court, except as provided in an administrative
19 order of the Chief Judge of the circuit court. The clerk of
20 the circuit court shall pay all monies collected from this
21 fee to the county treasurer who shall use the monies
22 collected to defray the costs of corrections. The county
23 treasurer shall deposit the fee collected in the county
24 working cash fund under Section 6-27001 or Section 6-29002
25 of the Counties Code, as the case may be, except as
26 provided in an administrative order of the Chief Judge of

SB1754- 207 -LRB102 14289 RLC 19641 b
1 the circuit court.
2 The Chief Judge of the circuit court of the county may
3 by administrative order establish a program for electronic
4 monitoring of offenders with regard to drug-related and
5 alcohol-related offenses, in which a vendor supplies and
6 monitors the operation of the electronic monitoring
7 device, and collects the fees on behalf of the county. The
8 program shall include provisions for indigent offenders
9 and the collection of unpaid fees. The program shall not
10 unduly burden the offender and shall be subject to review
11 by the Chief Judge.
12 The Chief Judge of the circuit court may suspend any
13 additional charges or fees for late payment, interest, or
14 damage to any device;
15 (14.3) The Chief Judge of the Judicial Circuit may
16 establish reasonable fees to be paid by a person receiving
17 pretrial services while under supervision of a pretrial
18 services agency, probation department, or court services
19 department. Reasonable fees may be charged for pretrial
20 services including, but not limited to, pretrial
21 supervision, diversion programs, electronic monitoring,
22 victim impact services, drug and alcohol testing, DNA
23 testing, GPS electronic monitoring, assessments and
24 evaluations related to domestic violence and other
25 victims, and victim mediation services. The person
26 receiving pretrial services may be ordered to pay all

SB1754- 208 -LRB102 14289 RLC 19641 b
1 costs incidental to pretrial services in accordance with
2 his or her ability to pay those costs;
3 (14.4) For persons charged with violating Section
4 11-501 of the Illinois Vehicle Code, refrain from
5 operating a motor vehicle not equipped with an ignition
6 interlock device, as defined in Section 1-129.1 of the
7 Illinois Vehicle Code, pursuant to the rules promulgated
8 by the Secretary of State for the installation of ignition
9 interlock devices. Under this condition the court may
10 allow a defendant who is not self-employed to operate a
11 vehicle owned by the defendant's employer that is not
12 equipped with an ignition interlock device in the course
13 and scope of the defendant's employment;
14 (15) Comply with the terms and conditions of an order
15 of protection issued by the court under the Illinois
16 Domestic Violence Act of 1986 or an order of protection
17 issued by the court of another state, tribe, or United
18 States territory;
19 (16) Under Section 110-6.5 comply with the conditions
20 of the drug testing program; and
21 (17) Such other reasonable conditions as the court may
22 impose.
23 (c) When a person is charged with an offense under Section
2411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
26Criminal Code of 2012, involving a victim who is a minor under

SB1754- 209 -LRB102 14289 RLC 19641 b
118 years of age living in the same household with the defendant
2at the time of the offense, in granting bail or releasing the
3defendant on his own recognizance, the judge shall impose
4conditions to restrict the defendant's access to the victim
5which may include, but are not limited to conditions that he
6will:
7 1. Vacate the household.
8 2. Make payment of temporary support to his
9 dependents.
10 3. Refrain from contact or communication with the
11 child victim, except as ordered by the court.
12 (d) When a person is charged with a criminal offense and
13the victim is a family or household member as defined in
14Article 112A, conditions shall be imposed at the time of the
15defendant's release on bond that restrict the defendant's
16access to the victim. Unless provided otherwise by the court,
17the restrictions shall include requirements that the defendant
18do the following:
19 (1) refrain from contact or communication with the
20 victim for a minimum period of 72 hours following the
21 defendant's release; and
22 (2) refrain from entering or remaining at the victim's
23 residence for a minimum period of 72 hours following the
24 defendant's release.
25 (e) Local law enforcement agencies shall develop
26standardized bond forms for use in cases involving family or

SB1754- 210 -LRB102 14289 RLC 19641 b
1household members as defined in Article 112A, including
2specific conditions of bond as provided in subsection (d).
3Failure of any law enforcement department to develop or use
4those forms shall in no way limit the applicability and
5enforcement of subsections (d) and (f).
6 (f) If the defendant is admitted to bail after conviction
7the conditions of the bail bond shall be that he will, in
8addition to the conditions set forth in subsections (a) and
9(b) hereof:
10 (1) Duly prosecute his appeal;
11 (2) Appear at such time and place as the court may
12 direct;
13 (3) Not depart this State without leave of the court;
14 (4) Comply with such other reasonable conditions as
15 the court may impose; and
16 (5) If the judgment is affirmed or the cause reversed
17 and remanded for a new trial, forthwith surrender to the
18 officer from whose custody he was bailed.
19 (g) Upon a finding of guilty for any felony offense, the
20defendant shall physically surrender, at a time and place
21designated by the court, any and all firearms in his or her
22possession and his or her Firearm Owner's Identification Card
23as a condition of remaining on bond pending sentencing.
24 (h) In the event the defendant is unable to post bond, the
25court may impose a no contact provision with the victim or
26other interested party that shall be enforced while the

SB1754- 211 -LRB102 14289 RLC 19641 b
1defendant remains in custody.
2(Source: P.A. 101-138, eff. 1-1-20.)
3 (725 ILCS 5/112A-11.1)
4 Sec. 112A-11.1. Procedure for determining whether certain
5misdemeanor crimes are crimes of domestic violence for
6purposes of federal law.
7 (a) When a defendant has been charged with a violation of
8Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
9Criminal Code of 1961 or the Criminal Code of 2012, the State
10may, at arraignment or no later than 45 days after
11arraignment, for the purpose of notification to the Department
12of State Police Firearm Owner's Identification Card Office,
13serve on the defendant and file with the court a notice
14alleging that conviction of the offense would subject the
15defendant to the prohibitions of 18 U.S.C. 922(g)(9) because
16of the relationship between the defendant and the alleged
17victim and the nature of the alleged offense.
18 (b) The notice shall include the name of the person
19alleged to be the victim of the crime and shall specify the
20nature of the alleged relationship as set forth in 18 U.S.C.
21921(a)(33)(A)(ii). It shall also specify the element of the
22charged offense which requires the use or attempted use of
23physical force, or the threatened use of a deadly weapon, as
24set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
25notice that the defendant is entitled to a hearing on the

SB1754- 212 -LRB102 14289 RLC 19641 b
1allegation contained in the notice and that if the allegation
2is sustained, that determination and conviction shall be
3reported to the Department of State Police Firearm Owner's
4Identification Card Office.
5 (c) After having been notified as provided in subsection
6(b) of this Section, the defendant may stipulate or admit,
7orally on the record or in writing, that conviction of the
8offense would subject the defendant to the prohibitions of 18
9U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
10922(g)(9) shall be deemed established for purposes of Section
11112A-11.2. If the defendant denies the applicability of 18
12U.S.C. 922(g)(9) as alleged in the notice served by the State,
13or stands mute with respect to that allegation, then the State
14shall bear the burden to prove beyond a reasonable doubt that
15the offense is one to which the prohibitions of 18 U.S.C.
16922(g)(9) apply. The court may consider reliable hearsay
17evidence submitted by either party provided that it is
18relevant to the determination of the allegation. Facts
19previously proven at trial or elicited at the time of entry of
20a plea of guilty shall be deemed established beyond a
21reasonable doubt and shall not be relitigated. At the
22conclusion of the hearing, or upon a stipulation or admission,
23as applicable, the court shall make a specific written
24determination with respect to the allegation.
25(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

SB1754- 213 -LRB102 14289 RLC 19641 b
1 (725 ILCS 5/112A-11.2)
2 Sec. 112A-11.2. Notification to the Department of State
3Police Firearm Owner's Identification Card Office of
4determinations in certain misdemeanor cases. Upon judgment of
5conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
612-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
7Code of 2012 when the defendant has been determined, under
8Section 112A-11.1, to be subject to the prohibitions of 18
9U.S.C. 922(g)(9), the circuit court clerk shall include
10notification and a copy of the written determination in a
11report of the conviction to the Department of State Police
12Firearm Owner's Identification Card Office to enable the
13office to report that determination to the Federal Bureau of
14Investigation and assist the Bureau in identifying persons
15prohibited from purchasing and possessing a firearm pursuant
16to the provisions of 18 U.S.C. 922.
17(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
18 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
19 Sec. 112A-14. Domestic violence order of protection;
20remedies.
21 (a) (Blank).
22 (b) The court may order any of the remedies listed in this
23subsection (b). The remedies listed in this subsection (b)
24shall be in addition to other civil or criminal remedies
25available to petitioner.

SB1754- 214 -LRB102 14289 RLC 19641 b
1 (1) Prohibition of abuse. Prohibit respondent's
2 harassment, interference with personal liberty,
3 intimidation of a dependent, physical abuse, or willful
4 deprivation, as defined in this Article, if such abuse has
5 occurred or otherwise appears likely to occur if not
6 prohibited.
7 (2) Grant of exclusive possession of residence.
8 Prohibit respondent from entering or remaining in any
9 residence, household, or premises of the petitioner,
10 including one owned or leased by respondent, if petitioner
11 has a right to occupancy thereof. The grant of exclusive
12 possession of the residence, household, or premises shall
13 not affect title to real property, nor shall the court be
14 limited by the standard set forth in subsection (c-2) of
15 Section 501 of the Illinois Marriage and Dissolution of
16 Marriage Act.
17 (A) Right to occupancy. A party has a right to
18 occupancy of a residence or household if it is solely
19 or jointly owned or leased by that party, that party's
20 spouse, a person with a legal duty to support that
21 party or a minor child in that party's care, or by any
22 person or entity other than the opposing party that
23 authorizes that party's occupancy (e.g., a domestic
24 violence shelter). Standards set forth in subparagraph
25 (B) shall not preclude equitable relief.
26 (B) Presumption of hardships. If petitioner and

SB1754- 215 -LRB102 14289 RLC 19641 b
1 respondent each has the right to occupancy of a
2 residence or household, the court shall balance (i)
3 the hardships to respondent and any minor child or
4 dependent adult in respondent's care resulting from
5 entry of this remedy with (ii) the hardships to
6 petitioner and any minor child or dependent adult in
7 petitioner's care resulting from continued exposure to
8 the risk of abuse (should petitioner remain at the
9 residence or household) or from loss of possession of
10 the residence or household (should petitioner leave to
11 avoid the risk of abuse). When determining the balance
12 of hardships, the court shall also take into account
13 the accessibility of the residence or household.
14 Hardships need not be balanced if respondent does not
15 have a right to occupancy.
16 The balance of hardships is presumed to favor
17 possession by petitioner unless the presumption is
18 rebutted by a preponderance of the evidence, showing
19 that the hardships to respondent substantially
20 outweigh the hardships to petitioner and any minor
21 child or dependent adult in petitioner's care. The
22 court, on the request of petitioner or on its own
23 motion, may order respondent to provide suitable,
24 accessible, alternate housing for petitioner instead
25 of excluding respondent from a mutual residence or
26 household.

SB1754- 216 -LRB102 14289 RLC 19641 b
1 (3) Stay away order and additional prohibitions. Order
2 respondent to stay away from petitioner or any other
3 person protected by the domestic violence order of
4 protection, or prohibit respondent from entering or
5 remaining present at petitioner's school, place of
6 employment, or other specified places at times when
7 petitioner is present, or both, if reasonable, given the
8 balance of hardships. Hardships need not be balanced for
9 the court to enter a stay away order or prohibit entry if
10 respondent has no right to enter the premises.
11 (A) If a domestic violence order of protection
12 grants petitioner exclusive possession of the
13 residence, prohibits respondent from entering the
14 residence, or orders respondent to stay away from
15 petitioner or other protected persons, then the court
16 may allow respondent access to the residence to remove
17 items of clothing and personal adornment used
18 exclusively by respondent, medications, and other
19 items as the court directs. The right to access shall
20 be exercised on only one occasion as the court directs
21 and in the presence of an agreed-upon adult third
22 party or law enforcement officer.
23 (B) When the petitioner and the respondent attend
24 the same public, private, or non-public elementary,
25 middle, or high school, the court when issuing a
26 domestic violence order of protection and providing

SB1754- 217 -LRB102 14289 RLC 19641 b
1 relief shall consider the severity of the act, any
2 continuing physical danger or emotional distress to
3 the petitioner, the educational rights guaranteed to
4 the petitioner and respondent under federal and State
5 law, the availability of a transfer of the respondent
6 to another school, a change of placement or a change of
7 program of the respondent, the expense, difficulty,
8 and educational disruption that would be caused by a
9 transfer of the respondent to another school, and any
10 other relevant facts of the case. The court may order
11 that the respondent not attend the public, private, or
12 non-public elementary, middle, or high school attended
13 by the petitioner, order that the respondent accept a
14 change of placement or change of program, as
15 determined by the school district or private or
16 non-public school, or place restrictions on the
17 respondent's movements within the school attended by
18 the petitioner. The respondent bears the burden of
19 proving by a preponderance of the evidence that a
20 transfer, change of placement, or change of program of
21 the respondent is not available. The respondent also
22 bears the burden of production with respect to the
23 expense, difficulty, and educational disruption that
24 would be caused by a transfer of the respondent to
25 another school. A transfer, change of placement, or
26 change of program is not unavailable to the respondent

SB1754- 218 -LRB102 14289 RLC 19641 b
1 solely on the ground that the respondent does not
2 agree with the school district's or private or
3 non-public school's transfer, change of placement, or
4 change of program or solely on the ground that the
5 respondent fails or refuses to consent or otherwise
6 does not take an action required to effectuate a
7 transfer, change of placement, or change of program.
8 When a court orders a respondent to stay away from the
9 public, private, or non-public school attended by the
10 petitioner and the respondent requests a transfer to
11 another attendance center within the respondent's
12 school district or private or non-public school, the
13 school district or private or non-public school shall
14 have sole discretion to determine the attendance
15 center to which the respondent is transferred. If the
16 court order results in a transfer of the minor
17 respondent to another attendance center, a change in
18 the respondent's placement, or a change of the
19 respondent's program, the parents, guardian, or legal
20 custodian of the respondent is responsible for
21 transportation and other costs associated with the
22 transfer or change.
23 (C) The court may order the parents, guardian, or
24 legal custodian of a minor respondent to take certain
25 actions or to refrain from taking certain actions to
26 ensure that the respondent complies with the order. If

SB1754- 219 -LRB102 14289 RLC 19641 b
1 the court orders a transfer of the respondent to
2 another school, the parents, guardian, or legal
3 custodian of the respondent is responsible for
4 transportation and other costs associated with the
5 change of school by the respondent.
6 (4) Counseling. Require or recommend the respondent to
7 undergo counseling for a specified duration with a social
8 worker, psychologist, clinical psychologist,
9 psychiatrist, family service agency, alcohol or substance
10 abuse program, mental health center guidance counselor,
11 agency providing services to elders, program designed for
12 domestic violence abusers, or any other guidance service
13 the court deems appropriate. The court may order the
14 respondent in any intimate partner relationship to report
15 to an Illinois Department of Human Services protocol
16 approved partner abuse intervention program for an
17 assessment and to follow all recommended treatment.
18 (5) Physical care and possession of the minor child.
19 In order to protect the minor child from abuse, neglect,
20 or unwarranted separation from the person who has been the
21 minor child's primary caretaker, or to otherwise protect
22 the well-being of the minor child, the court may do either
23 or both of the following: (i) grant petitioner physical
24 care or possession of the minor child, or both, or (ii)
25 order respondent to return a minor child to, or not remove
26 a minor child from, the physical care of a parent or person

SB1754- 220 -LRB102 14289 RLC 19641 b
1 in loco parentis.
2 If the respondent is charged with abuse (as defined in
3 Section 112A-3 of this Code) of a minor child, there shall
4 be a rebuttable presumption that awarding physical care to
5 respondent would not be in the minor child's best
6 interest.
7 (6) Temporary allocation of parental responsibilities
8 and significant decision-making responsibilities. Award
9 temporary significant decision-making responsibility to
10 petitioner in accordance with this Section, the Illinois
11 Marriage and Dissolution of Marriage Act, the Illinois
12 Parentage Act of 2015, and this State's Uniform
13 Child-Custody Jurisdiction and Enforcement Act.
14 If the respondent is charged with abuse (as defined in
15 Section 112A-3 of this Code) of a minor child, there shall
16 be a rebuttable presumption that awarding temporary
17 significant decision-making responsibility to respondent
18 would not be in the child's best interest.
19 (7) Parenting time. Determine the parenting time, if
20 any, of respondent in any case in which the court awards
21 physical care or temporary significant decision-making
22 responsibility of a minor child to petitioner. The court
23 shall restrict or deny respondent's parenting time with a
24 minor child if the court finds that respondent has done or
25 is likely to do any of the following:
26 (i) abuse or endanger the minor child during

SB1754- 221 -LRB102 14289 RLC 19641 b
1 parenting time;
2 (ii) use the parenting time as an opportunity to
3 abuse or harass petitioner or petitioner's family or
4 household members;
5 (iii) improperly conceal or detain the minor
6 child; or
7 (iv) otherwise act in a manner that is not in the
8 best interests of the minor child.
9 The court shall not be limited by the standards set
10 forth in Section 603.10 of the Illinois Marriage and
11 Dissolution of Marriage Act. If the court grants parenting
12 time, the order shall specify dates and times for the
13 parenting time to take place or other specific parameters
14 or conditions that are appropriate. No order for parenting
15 time shall refer merely to the term "reasonable parenting
16 time". Petitioner may deny respondent access to the minor
17 child if, when respondent arrives for parenting time,
18 respondent is under the influence of drugs or alcohol and
19 constitutes a threat to the safety and well-being of
20 petitioner or petitioner's minor children or is behaving
21 in a violent or abusive manner. If necessary to protect
22 any member of petitioner's family or household from future
23 abuse, respondent shall be prohibited from coming to
24 petitioner's residence to meet the minor child for
25 parenting time, and the petitioner and respondent shall
26 submit to the court their recommendations for reasonable

SB1754- 222 -LRB102 14289 RLC 19641 b
1 alternative arrangements for parenting time. A person may
2 be approved to supervise parenting time only after filing
3 an affidavit accepting that responsibility and
4 acknowledging accountability to the court.
5 (8) Removal or concealment of minor child. Prohibit
6 respondent from removing a minor child from the State or
7 concealing the child within the State.
8 (9) Order to appear. Order the respondent to appear in
9 court, alone or with a minor child, to prevent abuse,
10 neglect, removal or concealment of the child, to return
11 the child to the custody or care of the petitioner, or to
12 permit any court-ordered interview or examination of the
13 child or the respondent.
14 (10) Possession of personal property. Grant petitioner
15 exclusive possession of personal property and, if
16 respondent has possession or control, direct respondent to
17 promptly make it available to petitioner, if:
18 (i) petitioner, but not respondent, owns the
19 property; or
20 (ii) the petitioner and respondent own the
21 property jointly; sharing it would risk abuse of
22 petitioner by respondent or is impracticable; and the
23 balance of hardships favors temporary possession by
24 petitioner.
25 If petitioner's sole claim to ownership of the
26 property is that it is marital property, the court may

SB1754- 223 -LRB102 14289 RLC 19641 b
1 award petitioner temporary possession thereof under the
2 standards of subparagraph (ii) of this paragraph only if a
3 proper proceeding has been filed under the Illinois
4 Marriage and Dissolution of Marriage Act, as now or
5 hereafter amended.
6 No order under this provision shall affect title to
7 property.
8 (11) Protection of property. Forbid the respondent
9 from taking, transferring, encumbering, concealing,
10 damaging, or otherwise disposing of any real or personal
11 property, except as explicitly authorized by the court,
12 if:
13 (i) petitioner, but not respondent, owns the
14 property; or
15 (ii) the petitioner and respondent own the
16 property jointly, and the balance of hardships favors
17 granting this remedy.
18 If petitioner's sole claim to ownership of the
19 property is that it is marital property, the court may
20 grant petitioner relief under subparagraph (ii) of this
21 paragraph only if a proper proceeding has been filed under
22 the Illinois Marriage and Dissolution of Marriage Act, as
23 now or hereafter amended.
24 The court may further prohibit respondent from
25 improperly using the financial or other resources of an
26 aged member of the family or household for the profit or

SB1754- 224 -LRB102 14289 RLC 19641 b
1 advantage of respondent or of any other person.
2 (11.5) Protection of animals. Grant the petitioner the
3 exclusive care, custody, or control of any animal owned,
4 possessed, leased, kept, or held by either the petitioner
5 or the respondent or a minor child residing in the
6 residence or household of either the petitioner or the
7 respondent and order the respondent to stay away from the
8 animal and forbid the respondent from taking,
9 transferring, encumbering, concealing, harming, or
10 otherwise disposing of the animal.
11 (12) Order for payment of support. Order respondent to
12 pay temporary support for the petitioner or any child in
13 the petitioner's care or over whom the petitioner has been
14 allocated parental responsibility, when the respondent has
15 a legal obligation to support that person, in accordance
16 with the Illinois Marriage and Dissolution of Marriage
17 Act, which shall govern, among other matters, the amount
18 of support, payment through the clerk and withholding of
19 income to secure payment. An order for child support may
20 be granted to a petitioner with lawful physical care of a
21 child, or an order or agreement for physical care of a
22 child, prior to entry of an order allocating significant
23 decision-making responsibility. Such a support order shall
24 expire upon entry of a valid order allocating parental
25 responsibility differently and vacating petitioner's
26 significant decision-making responsibility unless

SB1754- 225 -LRB102 14289 RLC 19641 b
1 otherwise provided in the order.
2 (13) Order for payment of losses. Order respondent to
3 pay petitioner for losses suffered as a direct result of
4 the abuse. Such losses shall include, but not be limited
5 to, medical expenses, lost earnings or other support,
6 repair or replacement of property damaged or taken,
7 reasonable attorney's fees, court costs, and moving or
8 other travel expenses, including additional reasonable
9 expenses for temporary shelter and restaurant meals.
10 (i) Losses affecting family needs. If a party is
11 entitled to seek maintenance, child support, or
12 property distribution from the other party under the
13 Illinois Marriage and Dissolution of Marriage Act, as
14 now or hereafter amended, the court may order
15 respondent to reimburse petitioner's actual losses, to
16 the extent that such reimbursement would be
17 "appropriate temporary relief", as authorized by
18 subsection (a)(3) of Section 501 of that Act.
19 (ii) Recovery of expenses. In the case of an
20 improper concealment or removal of a minor child, the
21 court may order respondent to pay the reasonable
22 expenses incurred or to be incurred in the search for
23 and recovery of the minor child, including, but not
24 limited to, legal fees, court costs, private
25 investigator fees, and travel costs.
26 (14) Prohibition of entry. Prohibit the respondent

SB1754- 226 -LRB102 14289 RLC 19641 b
1 from entering or remaining in the residence or household
2 while the respondent is under the influence of alcohol or
3 drugs and constitutes a threat to the safety and
4 well-being of the petitioner or the petitioner's children.
5 (14.5) Prohibition of firearm possession.
6 (A) A person who is subject to an existing
7 domestic violence order of protection issued under
8 this Code may not lawfully possess firearms, stun
9 guns, or tasers weapons under Section 8.2 of the
10 Firearm Owners Identification Card Act.
11 (B) Any firearms in the possession of the
12 respondent, except as provided in subparagraph (C) of
13 this paragraph (14.5), shall be ordered by the court
14 to be turned over to a person who is not prohibited
15 under State or federal law from possessing firearms
16 with a valid Firearm Owner's Identification Card for
17 safekeeping. The court shall issue an order that the
18 respondent's Firearm Owner's Identification Card be
19 turned over to the local law enforcement agency, which
20 in turn shall immediately mail the card to the
21 Department of State Police Firearm Owner's
22 Identification Card Office for safekeeping. The period
23 of safekeeping shall be for the duration of the
24 domestic violence order of protection. The firearm or
25 firearms and Firearm Owner's Identification Card, if
26 unexpired, shall at the respondent's request be

SB1754- 227 -LRB102 14289 RLC 19641 b
1 returned to the respondent at expiration of the
2 domestic violence order of protection.
3 (C) If the respondent is a peace officer as
4 defined in Section 2-13 of the Criminal Code of 2012,
5 the court shall order that any firearms used by the
6 respondent in the performance of his or her duties as a
7 peace officer be surrendered to the chief law
8 enforcement executive of the agency in which the
9 respondent is employed, who shall retain the firearms
10 for safekeeping for the duration of the domestic
11 violence order of protection.
12 (D) Upon expiration of the period of safekeeping,
13 if the firearms or Firearm Owner's Identification Card
14 cannot be returned to respondent because respondent
15 cannot be located, fails to respond to requests to
16 retrieve the firearms, or is not lawfully eligible to
17 possess a firearm, upon petition from the local law
18 enforcement agency, the court may order the local law
19 enforcement agency to destroy the firearms, use the
20 firearms for training purposes, or for any other
21 application as deemed appropriate by the local law
22 enforcement agency; or that the firearms be turned
23 over to a third party who is lawfully eligible to
24 possess firearms, and who does not reside with
25 respondent.
26 (15) Prohibition of access to records. If a domestic

SB1754- 228 -LRB102 14289 RLC 19641 b
1 violence order of protection prohibits respondent from
2 having contact with the minor child, or if petitioner's
3 address is omitted under subsection (b) of Section 112A-5
4 of this Code, or if necessary to prevent abuse or wrongful
5 removal or concealment of a minor child, the order shall
6 deny respondent access to, and prohibit respondent from
7 inspecting, obtaining, or attempting to inspect or obtain,
8 school or any other records of the minor child who is in
9 the care of petitioner.
10 (16) Order for payment of shelter services. Order
11 respondent to reimburse a shelter providing temporary
12 housing and counseling services to the petitioner for the
13 cost of the services, as certified by the shelter and
14 deemed reasonable by the court.
15 (17) Order for injunctive relief. Enter injunctive
16 relief necessary or appropriate to prevent further abuse
17 of a family or household member or to effectuate one of the
18 granted remedies, if supported by the balance of
19 hardships. If the harm to be prevented by the injunction
20 is abuse or any other harm that one of the remedies listed
21 in paragraphs (1) through (16) of this subsection is
22 designed to prevent, no further evidence is necessary to
23 establish that the harm is an irreparable injury.
24 (18) Telephone services.
25 (A) Unless a condition described in subparagraph
26 (B) of this paragraph exists, the court may, upon

SB1754- 229 -LRB102 14289 RLC 19641 b
1 request by the petitioner, order a wireless telephone
2 service provider to transfer to the petitioner the
3 right to continue to use a telephone number or numbers
4 indicated by the petitioner and the financial
5 responsibility associated with the number or numbers,
6 as set forth in subparagraph (C) of this paragraph. In
7 this paragraph (18), the term "wireless telephone
8 service provider" means a provider of commercial
9 mobile service as defined in 47 U.S.C. 332. The
10 petitioner may request the transfer of each telephone
11 number that the petitioner, or a minor child in his or
12 her custody, uses. The clerk of the court shall serve
13 the order on the wireless telephone service provider's
14 agent for service of process provided to the Illinois
15 Commerce Commission. The order shall contain all of
16 the following:
17 (i) The name and billing telephone number of
18 the account holder including the name of the
19 wireless telephone service provider that serves
20 the account.
21 (ii) Each telephone number that will be
22 transferred.
23 (iii) A statement that the provider transfers
24 to the petitioner all financial responsibility for
25 and right to the use of any telephone number
26 transferred under this paragraph.

SB1754- 230 -LRB102 14289 RLC 19641 b
1 (B) A wireless telephone service provider shall
2 terminate the respondent's use of, and shall transfer
3 to the petitioner use of, the telephone number or
4 numbers indicated in subparagraph (A) of this
5 paragraph unless it notifies the petitioner, within 72
6 hours after it receives the order, that one of the
7 following applies:
8 (i) The account holder named in the order has
9 terminated the account.
10 (ii) A difference in network technology would
11 prevent or impair the functionality of a device on
12 a network if the transfer occurs.
13 (iii) The transfer would cause a geographic or
14 other limitation on network or service provision
15 to the petitioner.
16 (iv) Another technological or operational
17 issue would prevent or impair the use of the
18 telephone number if the transfer occurs.
19 (C) The petitioner assumes all financial
20 responsibility for and right to the use of any
21 telephone number transferred under this paragraph. In
22 this paragraph, "financial responsibility" includes
23 monthly service costs and costs associated with any
24 mobile device associated with the number.
25 (D) A wireless telephone service provider may
26 apply to the petitioner its routine and customary

SB1754- 231 -LRB102 14289 RLC 19641 b
1 requirements for establishing an account or
2 transferring a number, including requiring the
3 petitioner to provide proof of identification,
4 financial information, and customer preferences.
5 (E) Except for willful or wanton misconduct, a
6 wireless telephone service provider is immune from
7 civil liability for its actions taken in compliance
8 with a court order issued under this paragraph.
9 (F) All wireless service providers that provide
10 services to residential customers shall provide to the
11 Illinois Commerce Commission the name and address of
12 an agent for service of orders entered under this
13 paragraph (18). Any change in status of the registered
14 agent must be reported to the Illinois Commerce
15 Commission within 30 days of such change.
16 (G) The Illinois Commerce Commission shall
17 maintain the list of registered agents for service for
18 each wireless telephone service provider on the
19 Commission's website. The Commission may consult with
20 wireless telephone service providers and the Circuit
21 Court Clerks on the manner in which this information
22 is provided and displayed.
23 (c) Relevant factors; findings.
24 (1) In determining whether to grant a specific remedy,
25 other than payment of support, the court shall consider
26 relevant factors, including, but not limited to, the

SB1754- 232 -LRB102 14289 RLC 19641 b
1 following:
2 (i) the nature, frequency, severity, pattern, and
3 consequences of the respondent's past abuse of the
4 petitioner or any family or household member,
5 including the concealment of his or her location in
6 order to evade service of process or notice, and the
7 likelihood of danger of future abuse to petitioner or
8 any member of petitioner's or respondent's family or
9 household; and
10 (ii) the danger that any minor child will be
11 abused or neglected or improperly relocated from the
12 jurisdiction, improperly concealed within the State,
13 or improperly separated from the child's primary
14 caretaker.
15 (2) In comparing relative hardships resulting to the
16 parties from loss of possession of the family home, the
17 court shall consider relevant factors, including, but not
18 limited to, the following:
19 (i) availability, accessibility, cost, safety,
20 adequacy, location, and other characteristics of
21 alternate housing for each party and any minor child
22 or dependent adult in the party's care;
23 (ii) the effect on the party's employment; and
24 (iii) the effect on the relationship of the party,
25 and any minor child or dependent adult in the party's
26 care, to family, school, church, and community.

SB1754- 233 -LRB102 14289 RLC 19641 b
1 (3) Subject to the exceptions set forth in paragraph
2 (4) of this subsection (c), the court shall make its
3 findings in an official record or in writing, and shall at
4 a minimum set forth the following:
5 (i) That the court has considered the applicable
6 relevant factors described in paragraphs (1) and (2)
7 of this subsection (c).
8 (ii) Whether the conduct or actions of respondent,
9 unless prohibited, will likely cause irreparable harm
10 or continued abuse.
11